7 Amendments of Ieke van den BURG related to 2008/2196(INI)
Amendment 3 #
Motion for a resolution
Recital B
Recital B
B. whereas a cross-border transfer of the registered office of a company should not circumvent legal, social and fiscal conditions and should not give rise to its winding-up or any other interruption or loss of legal personality,
Amendment 4 #
Motion for a resolution
Recital C
Recital C
C. whereas the rights of third parties concerned by the transfer, such as minority shareholders, employees and creditors, etc, should be taken into accountsafeguarded,
Amendment 8 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit to Parliament duringby 31 January 2009, on the basis of Article 44 of the EC Treaty, a legislative proposal for a directive laying down measures for coordinating Member States’ national legislation in order to facilitate the cross-border transfer within the Community of the registered office of a company formed in accordance with the legislation of a Member State, and requests that this proposal be drawn up within the framework of inter-institutional deliberations and following the detailed recommendations below;
Amendment 9 #
Motion for a resolution
Recommendation 1
Recommendation 1
Cross-border transfers of registered offices shall not circumvent legal, social and fiscal conditions and shall not give rise to the winding-up of the company concerned or to any interruption or loss of its legal personality. The transfer shall take effect on the date of registration in the host Member State. From the date of registration in the host Member State, the company shall be governed by the legislation of that State.
Amendment 11 #
Motion for a resolution
Recommendation 2 – paragraph 1 – point g
Recommendation 2 – paragraph 1 – point g
(g) the rights guaranteed to the company’s members, employees and creditors or the relevant measures proposed;
Amendment 12 #
Motion for a resolution
Recommendation 2 – paragraph 1 – point h
Recommendation 2 – paragraph 1 – point h
(h) if the company is managed on the basis of employee participation and if the national legislation of the host Member States does not impose such a scheme, information on the procedures whereby the arrangements for employee participation are to be determined in accordance with the procedures set out in recommendation 5.
Amendment 13 #
Motion for a resolution
Recommendation 3
Recommendation 3
The general meeting shall approve the transfer proposal in accordance with the arrangements laid down and by the majority required to amend the memorandum and articles of association under the legislation applicable to the company in its home Member State. If the company is managed on the basis of employee participation, tThe general meeting may make the completion of the transfer conditional on its expressly approving the arrangements for employee participation decided on in the host Member State.