Naslov
The New Online Company Formation Process in Croatia: The Challenges of Digitalization

Autori
Kočila, Neven

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, ostalo

Skup
Surrey Law Postgraduate Conference - "The Role of Law in Challenging Times"

Mjesto i datum
Guildford, Ujedinjeno Kraljevstvo, 26.09.2020

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
Incorporatoin of a Limited Liability Company ; Digital Tools ; EU Directive 2019/1151 ; Notary Public ; Court Register
(Incorporatoin of a Limited Liability Company, Digital ToolIncorporatoin of a Limited Liability Company ; Digital Tools ; EU Directive 2019/1151 ; Notary Public ; Court Register, EU Directive 2019/1151, Notary Public, Court Register)

Sažetak
Until April 2019, the shareholders in the Republic of Croatia were able to establish a company by using notaries as intermediaries between the shareholders and the court register. To modernize the Company Law, amendments to the Companies Act enabled the completely new concept of establishment of a company remotely using digital tools, harmonizing Croatian legislation with the modern requirements of Directive (EU) 2019/1151. The establishment of a company is possible without notaries as intermediaries, using the new Internet Application "START" under the E-Citizens system, abolishing numerous bureaucratic barriers repulsive to foreign entrepreneurs. This process, at least in theory, strengthens the fundamental right of the European Union - the freedom of the establishment. The aim was to facilitate digitalization in company law based on the "one stop shop" principle with automatic exchange of data between institutions and banks, in favorem of shareholders on the EU level. In that context, the main legal issue herein is to answer in theoretical framework whether the exclusion of notaries as intermediaries in Croatia continues to provide adequate legal certainty to domestic and foreign entrepreneurs. The paper will try to determine the challenges for law in regulating some certain contentious issues (e.g. control of the identity and legal capacity of domestic and foreign natural and legal persons as well as the authorized person online, inability of system to verify the real and informed clients decision online) from the point of view of a public notary. Moreover, in this paper also shall be discussed who of the involved actors should be responsible for the wrongly given information on the online establishment process, as well as for the eventual damage to the company by not paying the shareholders contribution.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA