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Public consultation on the outline of the planned proposal for a European Parliament and Council directive on the cross border transfer of the registered office of a company

Basic information
Total Responses : 127 on 127

   Are you replying as an organisation or as an individual? compulsory
Individual  74
Organisation  52

   Category: compulsory
Law firm  21
Member of the public  20
Company  20
University, faculty, research institute  20
Other:  20
Professional association  18
Public authority  5
Trade union  2

   Type of company field optional
Other:  11
Bank  4
Insurance  4
Investment firm  0

   Number of employees field optional
500+  13
1-9  2
50-249  2
10-49  1
250-499  1
0  0

   What is your main area of activity? field optional
Financial services  11
Manufacture of machinery and equipment  1
Manufacture of electrical and optical equipment  1
Recycling  1
Hotels, restaurants, tourism and travel agents  1
Post and telecommunications  1
Accounting  1
Management consultancy  1
Agriculture, hunting, forestry  0
Mining and quarrying  0
Food industry  0
Manufacture of textiles, leather and textile products  0
Wood, pulp, paper, publishing and printing  0
Manufacture of chemicals, rubber and plastic products/cement/man-made fibres  0
Manufacture of pharmaceutical products  0
Manufacture of basic metals/steel  0
Manufacture of motor vehicles  0
Other transport equipment / other manufacturing  0
Electricity, gas and water supply  0
Construction  0
Wholesale trade  0
Retail trade  0
Transport  0
Real estate, rental activities  0
IT activities  0
Legal activities  0
Architectural and engineering activities  0
Advertising  0
Labour recruitment and provision of personnel  0
Other services to businesses  0
Culture, sport, media and entertainment  0
Education and training; research and development  0
Health and social work  0
Public administration / other organisations  0
Personal service activities  0

   Country of residence compulsory
DE - Germany  52
FR - France  21
NL - Netherlands  9
BE - Belgium  7
ES - Spain  6
UK - United Kingdom  5
FI - Finland  4
PT - Portugal  4
AT - Austria  3
EL - Greece  3
IT - Italy  3
CZ - Czech Republic  2
EE - Estonia  2
Other:  2
DK - Denmark  1
IE - Ireland  1
SV - Sweden  1
LU - Luxembourg  0
CY - Cyprus  0
HU - Hungary  0
LT - Lithuania  0
LV - Latvia  0
MT - Malta  0
PL - Poland  0
SK - Slovakia  0
SL - Slovenia  0

Questions
Total Responses : 127 on 127

   1. The Directive should cover all forms of limited company, the salient features of which are understood throughout the Member States to be the fact that they have legal personality and separate assets which alone serve to cover their debts. compulsory
Completely agree  84
Agree  36
Completely disagree  3
Disagree  2
No opinion  1

   2. The decision to transfer the registered office to another Member State should be taken by the general meeting, in accordance with the necessary rules and procedures for amending the company's memorandum and articles of association. compulsory
Completely agree  92
Agree  25
Disagree  7
No opinion  2
Completely disagree  0

   3. The general meeting should take the decision on the basis of a transfer proposal covering the form, name, registered office, the memorandum and articles of association planned for the company in the host Member State, the planned timetable and the rights granted to members or measures proposed for them. compulsory
Completely agree  86
Agree  34
Disagree  3
No opinion  2
Completely disagree  1

   4. The transfer proposal should be publicised appropriately. compulsory
Completely agree  88
Agree  34
Disagree  3
No opinion  1
Completely disagree  0

   5. Members, creditors and, where they exist, employee representatives should be given sufficient time to examine the transfer proposal. compulsory
Completely agree  58
Agree  48
Completely disagree  12
Disagree  7
No opinion  1

   6. If necessary, the decision to transfer the registered office to another Member State should be accompanied by an alteration of the company's structures and assets in order to comply with the substantive and formal requirements for registration and the granting of legal personality in the host Member State. compulsory
Completely agree  51
Agree  39
Disagree  28
Completely disagree  4
No opinion  4

   7. Member States could decide to take specific measures to protect creditors and minority shareholders opposed to the transfer. compulsory
Agree  52
Completely agree  49
Disagree  18
Completely disagree  5
No opinion  2

   8. The home Member State should verify the legality of the decision to transfer the registered office to another Member State. compulsory
Completely agree  66
Agree  32
Disagree  20
Completely disagree  4
No opinion  4

   9. The host Member State should verify that the company transferring its registered office meets the substantive and formal requirements for registration and the granting of legal personality under its national law. If appropriate, it should check that the amendments to the memorandum and articles of association are sufficient. compulsory
Completely agree  65
Agree  41
Disagree  12
Completely disagree  4
No opinion  4

   10. The company should remain registered in its home Member State until such time as it is registered in the host Member State. compulsory
Completely agree  93
Agree  28
Disagree  2
No opinion  2
Completely disagree  1

   11. Registration in the host Member State should result in the company's losing legal personality under the law of its home Member State and being removed from the register there. compulsory
Completely agree  65
Agree  34
Disagree  17
Completely disagree  7
No opinion  3

   12. The transfer of the registered office should be entered in the register of both the home Member State and the host Member State. compulsory
Completely agree  98
Agree  23
Completely disagree  2
No opinion  2
Disagree  1

   13. The transfer of the registered office should not entail the company's being wound up in the home Member State. compulsory
Completely agree  87
Agree  24
Disagree  8
No opinion  5
Completely disagree  2

   14. The transfer of the registered office should be tax-neutral as laid down by Directive 90/434 applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States. compulsory
Completely agree  86
Agree  26
Disagree  6
No opinion  6
Completely disagree  2

   15. Employee participation should be governed by the national law of the host Member State. However, where it is already provided for by law or agreement in a more firmly entrenched form for a company wishing to transfer its registered office, it should be maintained or negotiated. Each home Member State is free to adopt its own measures governing these negotiations. compulsory
Completely agree  35
Agree  30
Disagree  25
Completely disagree  22
No opinion  14

Thank you for taking part.
Total Responses : 127 on 127

   What do you think of the questionnaire? compulsory
It met my expectations.  105
It did not meet my expectations  21

   Why? field optional
Too general  8
Too short  7
Content not relevant  2
Too long  1
Too technical  1
Too difficult to understand  1