European Business Organization Law Review

, Volume 9, Issue 1, pp 125–136 | Cite as

The European Private Company

  • Robert Drury
Articles

Abstract

The European Private Company (EPC) is best understood as part of the effort of providing a uniform statute for a wide group of companies that can operate in and move to any part of Europe under a single set of regulations. Starting from the suggestion that the EPC might increase the level of trade overall, the author goes on to point out that this vehicle may produce distinct advantages for a wide group of companies. The author points to the key role the EPC could play in the development of inward investment in the European Union, particularly in stimulating cooperative joint ventures. Importantly, the EPC may be useful to countries that have recently entered or are planning to join the European Union. The article explores the two types of companies that are likely to adopt the EPC and examines the set of model articles of association for the draft statute, which include a wide range of company law elements, including fiduciary duties, a business judgment rule, pre-emption rights, voting rules and valuation rules on share transfer.

Keywords

European Private Company cross-border activities merger joint venture articles of association 

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Bibliography

  1. Andenas, M., ‘Free Movement of Companies’, 119 LQR. (2003) p. 221.Google Scholar
  2. Kersting, C. and C.P. Schindler, ‘The ECF’s Inspire Art Decision of 30 September 2003 and its Effects on Practice’, 4 German Law Journal (2003), available at: http://www.germanlawjournal.com (accessed 12 July 2007).
  3. Leleux, P., ‘The Affaire Fruehauf’, JBL (1972) p. 66.Google Scholar
  4. Micheler, E., ‘Recognition of Companies Incorporated in Other EU Member States’, 52 ICLQ (2003) p. 521.CrossRefGoogle Scholar
  5. Rammeloo, S., ‘At Long Last: Freedom of Establishment for Legal Persons in Europe Accomplished…’, 11 Maastricht Journal of European and Comparative Law (2004) p. 379.Google Scholar
  6. Roth, W.-H., ‘From Centros to Überseering: Free Movement of Companies, Private International Law, and Community Law’, 52 LCLQ (2003) p. 177.Google Scholar

Copyright information

© T.M.C. Asser Press 2008

Authors and Affiliations

  • Robert Drury
    • 1
  1. 1.University of ExeterUSA

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