12 Amendments of Emil RADEV related to 2016/2065(INI)
Amendment 8 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas for the better mobility of the companies within the EU it is important to have a common legal framework on companies' mergers, divisions and transfers operations;
Amendment 10 #
Motion for a resolution
Recital E
Recital E
E. whereas the transfer of a registered office should not circumvent legal, social and fiscal requirements laid down in the law of the European Union and of the Member States of origin but should rather have the aim of establishing a uniform legal framework which ensures maximum transparency and simplification of procedures and which fights tax fraud;; whereas at the same time it is important to avoid tax evasion schemes
Amendment 17 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers it important that future legislative proposals on the mobility of undertakings should include provisions concerning maxinimum harmonisation - particularly regarding procedural standards, the rights of corporate governance players, particularly the smaller of them, and the extension of applicability to all entities defined as companies or firms as referred to in Article 54 TFEU - followed by other sectoral rules, for example concerning, also taking into account workers’ rights;
Amendment 21 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the new rules concerning mergers, divisions and transfers of registered office of undertakings should take account of the need to adopt ever more stringentset minimum standards of information, consultation and co-determination of workers, by analogy with the models introduced with the European company (SE);
Amendment 25 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Considers that new rules on mergers, divisions and transfers of seats should facilitate the mobility of companies within the Union, taking account of their business needs for restructuring in order to better use the opportunities of the internal market;
Amendment 26 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Draws attention to the importance of removing obstacles arising from conflicts of laws for the purpose of determining the national law applicable;
Amendment 34 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to take into account the results of the consultation of October 2015, which show in particular that there is a need for maximumthat more harmonisation of the criteria governing the impact of mergers on various stakeholders in businesses is recommendable;
Amendment 37 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers it to be a priority for a more advanced set of rules to be laid down for a series of actors and categories of corporate governance, and for those rules also to be reproduced for future common modelegislative proposals ofn cross-border divisions and transfer of registered office or head office; considers it essential to simplify cross- border merger procedures by means of a clearer definition of standard forms and new digitisation practices;
Amendment 39 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges the importance of the inclusion in the Directive on cross- border mergers of the rules which apply to the European company (SE) regarding workers’ rights; hopes that the new provisions concerning workers’ rights will be so framed as to prevent certain undertakings from using the Directive on cross-border mergers with the sole aim of transferring their registered office or head office for fiscal, social and legal reasons; stresses the importance of eliminating ambiguities in the application of penalties for failure to respect the criteria of information, consultation and co- determination of workerHopes that these provisions will be so framed as to prevent certain undertakings from using the Directive on cross-border mergers with the sole aim of transferring their registered office or head office for abusive reasons;
Amendment 43 #
Motion for a resolution
Paragraph 10 – indent 4
Paragraph 10 – indent 4
- communication of company information, through the Member states commercial registers
Amendment 44 #
Motion for a resolution
Paragraph 10 – indent 6 a (new)
Paragraph 10 – indent 6 a (new)
- the rules on creditors protection;
Amendment 58 #
Motion for a resolution
Paragraph 16
Paragraph 16