engleski

Societas Unius Personae-Possibility for Enhancing Cross-Border Business of Small and Medium-Sized Entreprises?

The purpose of this paper is to analyse the regulatory framework of different supranational forms in European Company Law, and how it can benefit small and medium-sized enterprises. Furthermore, what are the potential benefits of introducing the new form - Societas Unius Personae? Special focus will be put on similar forms of companies in national company laws, the number of registered companies in the national court register, and problems that arise in everyday national and cross-border operations. In April 2014, the European Commission, as part of its package on corporate governance and company law, published a proposal for a directive on single-member private companies with limited liability, the so-called Societas Unius Personae (SUP). As part of the Europe 2020 growth strategy, its main objective was to make it easier and less costly to set up of companies across the EU, as well as to facilitate cross-border trade. According to the proposal, the SUPs would have only one share and one shareholder. The Member States would be required to provide for its online registration, giving the possibility to SUP founders to incorporate and register an SUP from their computer, without a need to travel to the country of registration. In addition, the minimum capital requirement to set up an SUP would be 1 EUR. The Directive was especially intended to benefit small and middle-size enterprises active outside their country of incorporation. Such objectives are commendable ; however, some stakeholders expressed concerns regarding the actual implementation of such a proposal. In October 2017, the proposed Directive has been withdrawn, and so the author will propose possible practical solutions and further steps. Keywords: Cross-border operations, European Company Law, Directive on single-member private companies with limited liability, Societas Unius Personae

Societas Unius Personae, SMEs

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