7 Amendments of Răzvan POPA related to 2018/0113(COD)
Amendment 33 #
Proposal for a directive
Recital 3
Recital 3
(3) The Commission in its Communication A Digital Single Market Strategy for Europe30 and in its Communication EU e-Government Action Plan 2016-2020: Accelerating the digital transformation of government31 stressed the role of public administrations in helping businesseentrepreneurs to easily set up business, operate online and expand across borders. The EU e-Government Action Plan specifically recognised the importance of improving the use of digital tools when complying with company law related requirements. Furthermore, in the 2017 Tallinn declaration on eGovernment, Member States made a strong call to step up efforts for the provision of efficient, user-centric electronic procedures in the Union. _________________ 30 COM(2015) 192 final of 6 May 2015. 31 COM(2016) 179 final of 19 April 2016.
Amendment 36 #
Proposal for a directive
Recital 5
Recital 5
(5) In order to facilitate the registration of companies and their branches and to reduce the costs and administrative burdens associated with the registration process, in particular by micro, small and medium- sized enterprises (‘SMEs’) as defined in Commission Recommendation 2003/361/EC32 , procedures should be put in place to enable registration to be completed fully onlineby means of online procedures. Such costs and burdens derive not only from administrative fees charged for setting up a company, but also from other requirements which make the overall process longer to complete, in particular when the physical presence of the applicant or their representative is required. In addition, information on these procedures should be made available online and free of charge. _________________ 32 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 57 #
Proposal for a directive
Recital 9
Recital 9
(9) As a first step in a company’s lifecycle, it should be possible to establish and register companies fully onlineby means of online procedures. However, Member States should have the possibility to derogate from this requirement in case of public limited liability companies due to the complexity of establishment and registration of such companies and in order to respect Member States’ existing traditions of company law. In any event, Member States should lay down detailed rules of registration. It should be possible to carry out online registration with the submission of documents in electronic form.
Amendment 65 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to assist businesses, in particular micro, small, medium-sized companies and start-ups, in setting-up their businessenterprise, it should be possible to register a private limited liability company with the use of pre-defined templates which are model instruments of constitution which should be available online. Such models may contain a pre-defined set of options in accordance with national law. The applicants should be able to choose between using this model or registering a company with bespoke instruments of constitution and Member States should have the option to provide templates also for other types of companies.
Amendment 78 #
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, in order to tackle fraud and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers, provisions concerning the online registration of companies and their branches should alsbe bound to include controls on the identity and legal capacity of persons seeking to establish a company or branch. However, the means and methods to achieve these controls should be left to Member States to develop and adopt. Those rules could include, amongst others, verification by means of video- conference or other online means that provide a real- time audio-visual connection. To that effect Member States should be able to require the involvement of notaries or lawyers as a part of the online registration process, however, such involvement should not prevent the completion of the registration procedure in its entirety online and should not increase the burden on the entire process.
Amendment 87 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure the protection of all persons interacting with companies, Member States should be able to prevent fraudulent behaviour by refusing the appointment of a person as a director of a company or a branch in their own territory, who is currently disqualified from acting as a director in another Member State. Such requests for information, in relation to previous directorships, should be possible by means of the system of interconnection of registers and therefore Member States should make the necessary arrangements to ensure that the national registers are interconnected with all the Member States and able to provide such information. The rules for the disqualification of directors and the confidentiality of the transmission should be governed by national law. To ensure compliance with applicable rules on protection of personal data, national registers should process any such data relating to disqualification of director in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council35 . _________________ 35 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 94 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to ensure that consistent and up-to-date information is available about companies in the Union and to further increase transparency, it should be possible to use the interconnection of registers to exchange information about any type of company registered in the Member States’ registers in accordance with national law. Member States should have option to make electronic copies of the documents and information of those other types of companies available also through this system.