COMPANY INCORPORATION IN COMPARATIVE LAW
COMPANY INCORPORATION IN COMPARATIVE LAW

Summary/Abstract: The contemporary framework for incorporating commercial companies in Europe reflects four distinct legal traditions that respond differently to the pressure of digitalisation. French law has gradually integrated electronic tools into long-established institutional structures, allowing digital procedures to function alongside the traditional role of the commercial court registries. German law continues to give priority to notarial and judicial scrutiny, preserving a preventive model of legal certainty that shapes the entire incorporation process. Estonia has developed an almost entirely digital administrative architecture, where identity verification, document execution and registration operate through interoperable state systems and can be completed within remarkably short timeframes. Romania lies between these approaches: recent legislative reforms have introduced electronic incorporation and administrative control mechanisms, yet the practical functioning of the system still carries elements of the earlier formalistic model. Viewed together, these jurisdictions illustrate the variety of legal responses to the European objective of facilitating corporate mobility and simplifying the creation of business entities. They also show that digitalisation, however advanced, remains anchored in the underlying legal culture of each system. The comparison suggests that European company law is moving towards a model in which technological efficiency is pursued without abandoning the safeguards that ensure transparency, reliability and the proper functioning of the corporate legal order.

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