THE TRANSFER OF THE COMPANIES SEAT: POSSIBILITIES, REGULATORY RULES AND EXPERIENCES Cover Image

TRANSFER SJEDIŠTA PRIVREDNIH DRUŠTAVA: MOGUĆNOSTI, REGULATIVA I ISKUSTVA
THE TRANSFER OF THE COMPANIES SEAT: POSSIBILITIES, REGULATORY RULES AND EXPERIENCES

Author(s): Siniša Božić
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: incorporation theory; real seat theory; transfer of seat; cross-border mobility

Summary/Abstract: Cross-border mobility and right of establishment of companies are fundamental rights defined by European Union’s treaties. Another states and state communities are determined to equalize rights of individual and legal persons, with aims of business activities improvement, as well as grating freedom of companies incorporation, there is, lately transfer of seat. The final solution in the process of creating an ideal regulatory framework, which would be able to provide mobility of freedom and right of establishment, simultaneously granting protection to stakeholders and to whole corporate and institutional system of given country, therefore, is still ideal to be pursued. There still exists numerous issues and controversies which follows cross-border transfers of company’s seats, so it can be argued that, in spite of numerous efforts, regulatory framework still represents considerable barrier.

  • Issue Year: 7/2014
  • Issue No: 13
  • Page Range: 101-116
  • Page Count: 16
  • Language: Bosnian