Commission consults on cross border transfer of companies' registered offices

26 February 2004

The Commission opened a public consultation on the planned proposal for a 14th Company Law Directive on the cross-border transfer of the registered office of limited companies. The planned Directive would enable companies to transfer their registered office from the home to the host Member State under an appropriate procedure providing legal certainty.

A company transferring its registered office would be registered in the host Member State and would acquire a legal identity there, while at the same time being removed from the register in its home Member State and giving up its legal identity there.

If necessary, companies would have to adapt their structures and assets in order to meet the substantive and formal conditions required for registration in the host Member State. However, they would not be obliged to go through liquidation proceedings in their home Member State or to create a new company in the host Member State.

Responds are requested by 15 April 2004

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