8 Amendments of Juozas IMBRASAS related to 2011/0038(COD)
Amendment 30 #
Proposal for a directive – amending act
Recital 1
Recital 1
(1) Businesses increasingly expand beyond national borders using the opportunities offered by the internal market. Cross- border groups as well as a many restructuring operations, such as mergers and divisions involve companies from different Member States. Consequently, there is an increasing demand for access to information on companies in a cross-border context. Official information on companies is, however, not always easily available on a cross-border basis. Improving access to up-to-date and trustworthy information on companies could encourage greater confidence and transparency in the market, help recovery and increase the competitiveness of European business.
Amendment 31 #
Proposal for a directive – amending act
Recital 2
Recital 2
(2) The Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a Member State by certain types of company governed by the law of another State22 establishes the list of documents and particulars that companies have to disclose in the register of their branch. However, there is no legal obligation on the registers to exchange data concerning foreign branches. This leads to legal uncertainty for third parties in the country of the branch where important changes regarding the company are not reflected in the register. Existing cooperation between the registers is not sufficient to satisfy the information needs induced by the business activity in the single market. But efficient cross-border cooperation between business registers is essential for the smooth functioning of the single market.
Amendment 33 #
Proposal for a directive – amending act
Recital 3
Recital 3
(3) Operations such as cross-border mergers or transfers of registered office have made day-to-day cooperation of business registers a necessity. Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies23 requires the registers to cooperate across borders. There are, however, no established channels of communication that could accelerate procedures, help overcome the language problems and enhance legal certainty. The establishment of such channels would also reduce the costs borne by companies that operate in several countries.
Amendment 34 #
Proposal for a directive – amending act
Recital 4
Recital 4
(4) Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent24 ensures, inter alia, that documents and particulars stored in the register can be accessed by paper or by electronic means. However, citizens and companies still need to search country-by- country, in particular as the current voluntary cooperation between registers has not proved to be sufficient. Cross- border cooperation and the interoperability of the registers throughout the European Union must be guaranteed.
Amendment 35 #
Proposal for a directive
Recital 5
Recital 5
(5) The Commission Communication on the Single Market Act25 identified the interconnection of central, commercial and companies registers as a measure to create a more business-friendly legal and fiscal environment. The interconnection should contribute to foster the competitiveness of European business by reducing administrative burdens and increasing legal certainty and transparency and thus contribute to exiting the crisis, one of the priorities of the agenda Europe 202026. It should also improve cross-border communication between registers by using the innovations of information and communication technology and facilitate cross-border access to official business information by setting up an electronic network of registers and determining a common minimum set of up-to-date information to be made available to third parties by electronic means in every Member State.
Amendment 37 #
Proposal for a directive
Recital 6
Recital 6
(6) The Council Conclusions of 25 May 2010 on the interconnection of business registers27 confirmed that improving access to up-to-date and trustworthy information on companies could encourage greater confidence in the market, help recovery and, increase the competitiveness of European business, ensure a safer business environment for consumers, creditors and other business partners, and increase legal certainty and market transparency.
Amendment 39 #
Proposal for a directive – amending act
Recital 8
Recital 8
(8) The European e-Justice Action Plan29 provides for the development of a European e-Justice Portal as the single access point for legal information, legal and administrative institutions, registers, databases and other services and considers the interconnection of central, commercial and companies registers as an important element, as this will help create a supportive legal framework, increase confidence in the common market, and thus contribute to the aims of the Europe 2020 strategy.
Amendment 41 #
Proposal for a directive – amending act
Recital 9
Recital 9
(9) Cross-border access to business information can only be improved if all Member States engage in building an electronic network of registers and transmit information to business information users in a standardised way (similar content and forms and interoperable technologies) all over the Union. The users should be able to access information through a single European electronic platform that forms part of the electronic network. This will contribute to greater transparency throughout the European Union.