11 Amendments of Richard SULÍK related to 2014/0120(COD)
Amendment 119 #
Proposal for a directive
Recital 3
Recital 3
(3) Establishing single-member limited liability companies as subsidiaries in other Member States entails costs due to the diverse legal and administrative requirements which must be met in the Member States concerned. Such divergent requirements continue to exist among Member States and therefore companies might find it costly and difficult to conduct business across borders. The additional financial and administrative burdens and costs related to setting-up companies hamper the full development of business within the internal market.
Amendment 121 #
Proposal for a directive
Recital 6
Recital 6
(6) In line with the Europe 2020 strategy, the Review of the Small Business Act for Europe18 advocated further progress in making smart regulation a reality, enhancing market access and promoting entrepreneurship, innovation, job creation and inclusive growth. __________________ 18 COM(2011) 78 final, 23.2.2011.
Amendment 122 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to foster more entrepreneurship in Europe and to facilitate the cross-border activities of SMEs and the establishment of single- member companies as subsidiaries in other Member States, the costs and administrative burdens involved in setting- up these companies should be reduced and the rules for businesses on the internal market of the Union should be simplified.
Amendment 128 #
Proposal for a directive
Recital 9
Recital 9
(9) Single-member private limited liability companies formed and operating in compliance with Part 2 of this Directive should add to their names a common, easily identifiable abbreviation – SUP (Societas Unius Personae).
Amendment 151 #
Proposal for a directive
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
(5a) 'online registration' means a registration procedure fully completed electronically at a distance without requiring the need of a physical presence of the founder before the authorities of the Member State of registration;
Amendment 156 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall not hinder SUPs from being single-members in other companies. Member States may establish rules prohibiting SUPs from being single- members in other limited liability companies if this leads to cross or circular ownership.
Amendment 177 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Member States shall ensure that the following templates may be used for on- line registration. The possibility to register an SUP on-line with the uniform template of articles of association shall not preclude the founder from registering on-line with its own bespoke articles of association if national law allows for it.
Amendment 178 #
Proposal for a directive
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Member States shall ensure that an SUP may be registered on-line with the uniform template of articles of association. The obligation under Article 11 of Directive 2009/101/EC to have founding instruments drawn up and certified in due legal form shall be considered fulfilled if the founder draws up the founding instruments of SUP using the uniform template.
Amendment 199 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that the registration procedure for newly incorporated SUPs may be completed electronically in its entirety without it being necessary for the founding member to appearequiring the need of a physical presence of the founder before any authority in the Member State of registration (on-line registration).
Amendment 216 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Recognition of identification means for the purposes of on-line registration 1. For the purposes of on-line registration of an SUP, the registration authorities shall recognise: (a) electronic identification means issued under an electronic identification scheme approved for the purpose of on-line registration of SUPs by the Member State of registration; (b) an electronic identification means issued in another Member State complying with Article 6 of Regulation (EU) No 910/2014. 2. The registration authorities may also recognise other electronic or non- electronic identification means. When non-electronic identification means, issued in the Member State of registration, are recognised by the registration authorities for the purpose of on-line registration, the same type of non- electronic identification issued in other Member States shall be equally recognised. 3. Member States shall ensure that any measures taken to comply with this Article or Article 14 do not affect the possibility of on-line registration referred to in Article 14(3).
Amendment 240 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall ensure that their national law requires an SUPs to be dissolved or transformed into another form of company if SUPsit ceases to comply with the requirements laid down in this Directive. If an SUP fails to take appropriate steps to convert into another company law form, the competent authority shall be granted the powers necessary to dissolve the SUP.