Mezinárodní právo soukromé a otázky práva obchodních společností - přemístění sídla v rámci Evropské unie

• Main Author: Beniaková, Zuzana
• Other Authors: Růžička, Květoslav
• Format: Dissertation
• Language: Czech
• Published: 2010
• Online Access: http://www.nusl.cz/ntk/nusl-278361

~73~ X. SUMMARY The purpose of this thesis is to describe and analyze one of many aspects of European company law- transfer of (registered and head) office of the company within the European Union. Freedom of establishment (as an element of the free movement of persons) is one of the fundamental rights provided to all physical and legal entities in the common internal market by Articles 43 and 48 of the Treaty establishing the European Community. Companies are thus entitled to move inside the European Union, set up subsidiaries, branches or agencies in another member state or carry on any economic activity in a stable and continuous way. And even though companies are given many options in their business, such as international mergers, acquisitions of shares in the company of another member state or forming of international holding-type groups and supranational European companies, they still cannot transfer their registered office to another member state without winding up and dissolution of the company and re-incorporation in another member state with one serious consequence- losing their legal personality during the transfer. Transfer of the head office is possible in limited number of cases, depending on the theory (incorporation or real seat theory) applied by home and host member state. First chapters...