Consultation response

1 August 2018

EC’s proposal for amending the Directive on cross-border conversions, mergers and divisions

We have responded to the European Commission’s proposal for amending the Directive on cross-border conversions, mergers and divisions.

We welcome the proposal on the companies’ cross-border mobility, especially modernisation of cross-border procedures through digitalisation. It is important to establish a proper and consistent company law framework across Europe to enhance the internal market and provide more certainty to companies when operating cross-border.

However, doing so in practice is the real challenge. Such a framework needs to be robust and also attractive to business. It needs to represent efficiency, gain and a clear cost saving over existing procedures for business to be willing to use it. Otherwise, the effort and expense of developing the proposal for the Directive and then implementing it will be doubtful. Investors’ and consumers’ protection is one of the essential elements to be duly considered in this regulatory framework.

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