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The Single-Member Limited Liability Company (SUP)

A Necessary Reform of EU Law on Business Organizations?

By: Peter Kindler
Media of The Single-Member Limited Liability Company (SUP)
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Published: 09-02-2017
Format: Paperback
Edition: 1st
Extent: 400
ISBN: 9781509907199
Imprint: Beck/Hart
Dimensions: 234 x 156 mm
RRP : £40.00
 

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About The Single-Member Limited Liability Company (SUP)

The book examines the attempts by the European Union to harmonise in the field of company law. In particular, it explores and offers a critical assessment of the proposal from the European Commission for a European single-member company ('SUP'). Key weakness are identified, including the challenges with the online founding in uncertain proof of identity and the deficient protection of creditors, which conflicts with existing insolvency law, particularly from the German perspective. Other dangers identified include the risk of use of the SEA as an instrument of participation avoidance. In addition, it shows that the SUP is largely unsuitable for control of the right of instruction of the sole shareholder and managing director liability. Having set out the areas where the proposal is currently not fit for purpose, the author makes a number of suggestions on how it might be approved.

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