11 Amendments of Othmar KARAS related to 2014/0120(COD)
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 131 #
Proposal for a directive
Recital 12
Recital 12
Amendment 135 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to make itt should be easier and less costly to establish subsidiaries in other Member States, the founders of SUPs should not be obliged to be physically present before any Member State's registration body. The register should be accessible from any Member State and a company founder should be able to make use of existing points of single contact created under Directive 2006/123/EC. Member States should, however, retain existing national requirements for the check ofn the European Parliament andidentity of the Cfouncil19as a gateway to national on-line registration points. It should, therefore, be possible to establish SUPs from distance and fully by electronic means. __________________ 19Directive 2006/123/EC of the European Parliamentding member before registration and the legality of the documents submitted and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36)process of on-line 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 159 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
(4) The SUP, and its articles of association, shall be governed by the national law of the Member State where the SUP is registeredhas its central administration or principal place of business (hereinafter ‘applicable national law’).
Amendment 168 #
Proposal for a directive
Article 10
Article 10
An SUP shall have its registered office and either its central administration or its principal place of business in the Unionsame Union Member State.
Amendment 197 #
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 appear before any author(on-line registration). Member States may, however, retain existing national requirements for the checks on the identity of the founding member before registration and on the legality inof the Member State of registration (documents submitted and the process of on-line registration).
Amendment 205 #
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
(5) Member States may lay down rules for verifying the identity of the founding member, and any other person making the registration on the member's behalf, and the acceptability of the documents and other information submitted to the registration body. Any identification issued in another Member State by the authorities of that State or on their behalf, including identification issued electronically, shall be recognised and accepted for the purposes of the verification by the Member State of registration.
Amendment 209 #
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
5. Member States mayshall lay down rules for verifying the identity of the founding member, and any other person making the registration on the member's behalf, and the acceptability of the documents and other information submitted to the registration body. Any identification issued in another Member State by the authorities of that State or on their behalf, including identification issued electronically, shall be recognised and accepted for the purposes of the verification by the Member State of registrationWithout prejudice to paragraph 3, the process of registration and verification of identification of the founding member and/or a representative that registers the SUP on the member's behalf shall be governed by the applicable national law. Where, for the purposes of the first subparagraph, it is necessary for Member States to have recourse to administrative cooperation between them, they shall apply Regulation (EU) No 1024/2012.
Amendment 222 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall ensure that the SUP is not subject to rules requiring the company to build up legal reservWithout prejudice to paragraph 1, Member States may require the SUP to build up legal reserves in accordance with the national law applicable to private limited liability companies listed in Annex I. Member States shall ensure that information on such requirements is provided on the national registration web- sites. Member States shall allow companies to build reserves in accordance with their articles of association.