Directive (EU) 2019/1151 amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law

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Series Details L 186
Publication Date 11/07/2019
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Summary:

Directive of the European Parliament and of the Council of 20 June 2019 setting up ways for EU companies to be able to register, set up new branches or file documents to the business register online.

Further information:

Existing EU company law already includes certain elements of digitalisation such as the obligation for Member States to make available online information about limited liability companies featuring in different registers. However those requirements are seen as limited and lacking precision, leading to a very diverse implementation at national level.

Faced with a reality in which only 17 Member States provide a fully online procedure for registering companies, the Directive aims to allow companies across all EU Member States to register, set up branches or file documents to the business register online.

The proposal was presented by the European Commission on 25 April 2018 as part of the Digital Single Market (DSM) strategy and in the framework of the eGovernment Action Plan. An informal agreement between the co-legislators on a compromise text was reached on 4 February 2019. The Parliament formally endorsed it on 18 April, followed by the Council on 13 June.

Source Link https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.186.01.0080.01.ENG
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Commentary and Analysis
Notaries of Europe: News, 30/04/2018: The Notaries of Europe are ready for more digitalization in company law http://www.notaries-of-europe.eu//index.php?pageID=16221
Legal Tech Blog, 02/05/2018: EU digital company law: Online founding of companies within 5 days https://legal-tech-blog.de/eu-digital-company-law-online-founding-and-online-filing-of-limited-liability-companies
European Law Blog, 07/06/2018: The Commission's company law package: overview and critical view of the proposal for cross border transactions https://europeanlawblog.eu/2018/06/07/the-commissions-company-law-package-overview-and-critical-view-of-the-proposal-for-cross-border-transactions/
EPRS: Briefing, September 2018: Cross-border mobility of companies and use of digital solutions in company law [Initial Appraisal of a European Commission Impact Assessment] http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2018)621851
EPRS: At a Glance, April 2019: Digital tools and processes in company law http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_ATA(2019)637903

Official
EUR-Lex: COM(2018)239: Proposal to amend Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2018:239:FIN
EUR-Lex: SWD(2018)141: Impact assessment https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2018:141:FIN
EUR-Lex: SWD(2018)142: Executive summary of the impact assessment https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2018:142:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on use of digital tools and processes in company law https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2018/0113(COD)
European Parliament: Legislative Train: Use of digital tools and processes in company law http://www.europarl.europa.eu/legislative-train/theme-deeper-and-fairer-internal-market-with-a-strengthened-industrial-base-services-including-transport/file-digital-technologies-in-company-law/
European Commission: Press Release, 25/04/2018: Company law: Commission proposes new rules to help companies move across borders and find online solutions http://europa.eu/rapid/press-release_IP-18-3508_en.htm
European Commission: Fact Sheet, 25/04/2018: Frequently Asked Questions: New company law rules http://europa.eu/rapid/press-release_MEMO-18-3509_en.htm
European Data Protection Supervisor: Opinion, 26/07/2018: Digital tools and processes in company law https://edps.europa.eu/data-protection/our-work/publications/opinions/digital-tools-and-processed-company-law_en
Council of the European Union: Press Release, 05/12/2018: Company law adapted to the digital era : Council position agreed https://www.consilium.europa.eu/en/press/press-releases/2018/12/05/company-law-adapted-to-the-digital-era-council-position-agreed/
Council of the European Union: Press Release, 13/06/2019: Setting up a company in the EU to become simple and cheaper https://www.consilium.europa.eu/en/press/press-releases/2019/06/13/setting-up-a-company-in-the-eu-to-become-simple-and-cheaper/

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