European Added Value Assessment on a Directive on the cross-border transfer of company seats (14th company law Directive) ANNEX I Legal effects of the requested legislative instrument Research paper by Jeantet Associés Aarpi Abstract Case-law of the ECJ allowed for company mobility but did not provide the necessary clarification with regard to the procedures for transferring the company’s registered office or head office from one Member State to another with a change on the applicable law. Certain aspects, such as the protection of stakeholders, may be affected, which could confirm the need for minimum standard rules. A legislative initiative should ensure that the transfer should not affect the rights of stakeholders. It should also be tax neutral and must avoid the misuse of post-box offices and shell companies. AUTHOR This study has been written by Ms Catherine Cathiard (
[email protected]), Member of the Paris Bar, under the management of Jeantet Associés AARPI, Law Firm, at the request of the European Added Value Unit, of the Directorate for Impact Assessment and European Added Value, within the Directorate General for Internal Policies (DG IPOL) of the General Secretariat of the European Parliament. IN COLLABORATION WITH: - Mr Didier Poracchia, Professor at the University of Aix-Marseille, Director of the Institute of Business Law (
[email protected]) - Mr Philippe Portier, Member of the Paris and New York Bars (
[email protected]) - Mr Francis Collin, Member of the Paris Bar (
[email protected]) - Mr Denis Andres, Member