European organisational law

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European organisational law is a part of European Union law, which concerns the formation, operation and insolvency of public bodies, partnerships, corporations and foundations in the entire European Union. There is no substantive European company law as such, although a host of minimum standards are applicable to companies throughout the European Union. All member states continue to operate separate companies acts, which are amended from time to time to comply with EU Directives and Regulations. There is, however, also the option of businesses to incorporate as a Societas Europaea (SE), which allows a company to operate across all member states.

Contents

History

There have been, since the European Community was founded in 1957, a series of directives creating minimum standards for business across the European Union. A central aim restated in each Directive is to reduce the barriers to freedom of establishment of businesses in the European Union through a process of harmonising the basic laws. The object is that when laws are harmonised, business will not be deterred by different or more onerous laws, but at the same time harmonisation provides a basic level of protection for investors in each member state, none of which are forced into regulatory competition.

Types

Existing

Except for the EEIG which is an unlimited partnership, all of the following types have full EU/EEA-wide juridical personality.

Name (in Latin)Abbrev.English translationEstablished as a legal formNumber of registrations [1] (2014)Comment
N/AEEIG European economic interest grouping 1985several thousande.g. ARTE
Societas Europaea SEEuropean company20042423
Societas cooperativa Europaea SCEEuropean cooperative society2006
N/AEGTC European grouping of territorial cooperation 200678
N/AERIC European Research Infrastructure Consortium 200922
N/AEuroparty European political party 201410defined already in 2003, but a legal form in its own right only since 2014
N/AEurofoundation European political foundation 20149defined already in 2007, but a legal form in its own right only since 2014

Proposed

Name (in Latin)Abbrev.English translationComment
Societas privata Europaea SPEEuropean private companyproposal withdrawn,
foreseen alternative: SUP
Societas unius personae SUPSole proprietorship
Fundatio Europaea FEEuropean foundation
N/AME European mutual society
Associatio Europaea AEEuropean association

European treaties

Harmonised fields of national law

Formations and civil law

Corporate governance

Capital maintenance

Mergers and acquisitions

Accounting and audit

Market regulation

See also

Notes

  1. Societas Europaea registrations Archived 16 October 2018 at the Wayback Machine seeurope-network.org

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