European Private Company

The European Private Company ( Societas Privata Europaea Latin SPE) is the planned legal form of a European corporation for small and medium-sized enterprises (SMEs). With it, it should be possible originally from 1 July 2010 to set up small businesses by largely uniform legal principles within the European Union. It provides a complement to focused on larger companies for a European Company SE dar.

Benefits

Pan-European small and medium enterprises to SPE to establish subsidiaries in Europe with applicable standards. You are no longer faced in each EU member country with different legal bases. The aim is to save consulting costs and the fast and non-bureaucratic foundation. A cross-border transfer of the registered office is to be possible without dissolution and refounding of the society.

Founding conditions

According to the European Commission's draft following key points apply:

  • Founder may be one or more natural or legal persons.
  • The minimum capital is € 1 (if a solvency certificate exists, otherwise 8000 euros ).
  • The separation of registers and administrative seat is possible.
  • The governing bodies can be designed either by the dualistic or monistic model.
  • The taxation, accounting and dealing with insolvency is governed by national law.

Legislative procedure

The design for the SPE is part of the Small Business Act of the European Commission, which is to grant a relaxation of small and medium enterprises in the EU internal market.

On 10 March 2009, the draft was discussed and approved in the European Parliament. The participation should be regulated similar to the procedure in the European Company. In addition, a European register for SPE is to be established.

The Council of the European Union still has to consult on the draft EC Regulation.

On 3 / 4 December 2009 decided on a further revision of the Statute for a European private company, the European Competitiveness. Therefore, the goal is to make the SPE still available in mid-2010, not reached. On the part of the national legislature, there are various resistance to the SPE, which is also in competition with national legal forms ( such as the UG ( limited liability) in Germany ) is seen.

The German Bundestag has a petition of the petitioner requested the approval for the immediate introduction of the European Company form Societas Privata Europaea, on 14 June 2012 final discussion and decided to petition the federal government - the Federal Ministry of Justice - to be paid as the material and the to give fractions of the German Bundestag note.

The Federal Government has recently explained its position on the SPE in the answer to a major question on the situation of the middle class. After the introduction of the SPE is supported in principle, but in Europe there are very different ideas for the design. From a German point of view is, inter alia, emphasizes the protection of the rights of participation. ( Bundestag printed paper 17/12245 by February 1, 2013 see question 142ff ).

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