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Activities of Eva LICHTENBERGER related to 2009/0064(COD)

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Amendments (7)

Amendment 233 #
Eva LICHTENBERGER
Proposal for a directive
Article 26 – paragraph 2
2. This section shall not apply where the issuer or the non-listed company concerned are small and medium enterprises that employs fewer than 250 persons, have an annual turnover not exceeding 50 million euro and/or an annual balance sheet not exceeding 43 million euro.
2010/03/01
Committee: JURI
Amendment 253 #
Eva LICHTENBERGER
Proposal for a directive
Article 27 a (new)
Article 27 a Leverage limitation in the case of acquisition of a controlling influence Leverage used by AIF that have acquired a controlling influence in a non-listed company shall be limited to a ratio of financial debt used for the acquisition to earnings before interest, taxes, depreciation and amortisation. This ratio shall not be higher than four at the time of the acquisition of the controlling influence. The debt figure used for the calculation shall include all the debt used by the AIF to acquire a controlling influence wherever that debt is located, either in the acquired company or the AIF. The Commission shall adopt implementing measures further specifying the calculation of the ratio. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the new provisions on delegated acts following the entry into force of the Treaty on the Functioning of the European Union.
2010/03/01
Committee: JURI
Amendment 255 #
Eva LICHTENBERGER
Proposal for a directive
Article 27 b (new)
Article 27 b Undercapitalisation limitation for AIF investing in non-listed companies AIF that have acquired a controlling influence in non-listed companies by using leverage shall not use the acquired company's pre-acquisition retained earnings to reimburse the acquisition debt. Companies which have been acquired by an AIF using leverage cannot pay any dividends during the first two years after the acquisition that would lead to a smaller amount of retained earnings than at the time of the acquisition. The Commission shall adopt implementing measures further specifying the way of calculating the dividends limitation. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the new provisions on delegated acts following the entry into force of the Treaty on the Functioning of the European Union.
2010/03/01
Committee: JURI
Amendment 298 #
Eva LICHTENBERGER
Proposal for a directive
Article 29 a (new)
Article 29a Specific provisions regarding the provision of information to employees of companies in which AIF exercise a controlling influence In the case of AIF which have acquired a controlling influence in a non-listed company by using leverage, the AIFM shall, no later than two months after the acquisition, meet the representatives of the employees, or, where there are no such representatives, the employees themselves. Such meeting must include a review of the development plan of the non-listed company and a discussion of the potential consequences of the AIF acquisition for employees. After the acquisition, the AIFM shall at least once a year meet the representatives of the employees, or, where there are no such representatives, the employees themselves in order to discuss the information included in the annual report of the AIF regarding the acquired company.
2010/03/01
Committee: JURI
Amendment 300 #
Eva LICHTENBERGER
Proposal for a directive
Article 29 b (new)
Article 29b Specific provisions concerning AIF participating in the general meeting of listed companies 1. AIF investing in listed companies must hold their shares for at least two months before they can exercise the related voting rights in the general meeting of a listed company. 2. Voting rights of a listed company attached to borrowed shares held by AIF may not be exercised in the general meeting of the listed company concerned.
2010/03/01
Committee: JURI
Amendment 305 #
Eva LICHTENBERGER
Proposal for a directive
Article 30
Where, following an acquisition of 30 % or more of the voting rights ofa controlling influence over an issuer, the shares of that issuer are no longer admitted to trading on a regulated market, it shall nevertheless continue to comply with its obligations under Directive 2004/109/EC for two years from the date of withdrawal from the regulated market.
2010/03/01
Committee: JURI
Amendment 344 #
Eva LICHTENBERGER
Proposal for a directive
Article 49 – title
Committee Exercise of the delegation
2010/03/01
Committee: JURI
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