13 Amendments of Daniel BUDA related to 2016/2065(INI)
Amendment 3 #
Motion for a resolution
Recital A
Recital A
A. having regard to the significant positive and necessary effect on European competitiveness of a comprehensive reform of company law and the many obstacles to full implementation of the Directive on cross-border mergers;
Amendment 5 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, at the same time, there is a real and pressing need to create a special EU framework for the cross- border transfers of registered offices (cross-border conversions);
Amendment 13 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to the importance of establishing areal and pressing need to develop a special EU framework for cross-border divisions and cross-border transfers of registered office (cross-border conversions); emphasises the need, in this connection, to establish that special EU framework, which regulates comprehensively the mobility of undertakings at EuropeanU level in order to simplify the procedures and requirements applicable to transfers, divisions and mergers and to prevent abuses and fictitious transfers for purposes of social or fiscal dumping;
Amendment 16 #
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 maximum 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 workers’ rights;
Amendment 20 #
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 stringent standards of information, consultation and co-determination of workers, by analogy with the models introduced with the European company (SE); nevertheless feels that addressing the protection of labour rights should be kept for the general review of the labour rights protection afforded through various EU legal acts;
Amendment 27 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the positive effectiveness of Directive 2005/56/EC on cross-border mergers of limited liability companies, which has served to facilitate cross-border mergers in the European Unionbeween limited liability companies in the European Union – through the significant increase in the number of cross-border mergers in recent years – and to reduce the associated costs and administrative procedures;
Amendment 29 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers it necessary to revise the above Directive in order to improve its implementation and to take into account recent developments in European case-law onCourt of Justice case-law on freedom of establishment of companies and in European company law;
Amendment 31 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that the future legislative proposal amending Directive 2005/56/EC should contain a fresh set of rules covering divisions of companies and set out certain guidelines for further legislation on the mobility of undertakings;
Amendment 46 #
Motion for a resolution
Paragraph 10 – indent 7
Paragraph 10 – indent 7
Amendment 48 #
Motion for a resolution
Paragraph 10 – indent 8
Paragraph 10 – indent 8
- certain specific exemptions from procedural requirements;
Amendment 50 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that Directive 82/891/EEC only regulates divisions of undertakings within a Member State; notes that, although specific cases involving divisions of undertakings between different Member States are rarer, there is a real and pressing need to establish a special EU framework for cross-border divisions;
Amendment 55 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the duration and complexity of the existing procedures required for cross-border divisions and believes that introducing harmonised standards at EU level in the field of cross-border divisions would lead to a simplification of durations and operations under the current procedure;
Amendment 65 #
Motion for a resolution
Paragraph 18 – indent 3
Paragraph 18 – indent 3
- compliance with the standards concerning participation by, and safeguarding of, workers, requirby indicating the same forms of information and consultation,