The European Commission has presented a proposal for a Directive to make cross-border mergers easier, by overcoming obstacles caused by different national laws. It would make such mergers simpler for all companies with share capital.
With the current proposal, each company taking part in a cross-border merger would do so in accordance with the laws of its own Member State. Currently, cross-border mergers are possible only if the companies wishing to merge are established in certain Member States. In other Member States, the differences between the national laws applicable are such that companies wanting to merge have to resort to complex and costly legal arrangements.
The proposal for a Directive will be submitted for adoption under the so-called ‘co-decision’ procedure to the Council of Ministers and the European Parliament.
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Draft proposal
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