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7 - Business entities governed by Community law

Published online by Cambridge University Press:  04 August 2010

Mads Andenas
Affiliation:
Universitetet i Oslo
Frank Wooldridge
Affiliation:
British Institute of International and Comparative Law
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Summary

The present chapter will consider the EEIG (European Economic Interest Grouping) and the SE (European Company). The EEIG is partly governed by Community law, i.e. Council Regulation (EEC) No. 2137/85; and this will also be true of the SE. After these two entities have been considered, the European Cooperative Society is dealt with in outline. The consideration of this proposal will be followed by a brief treatment of the proposal for a European private company, which does not emanate from the Commission, but which may from the basis of or influence further Community legislation.

European Economic Interest Grouping

History and scope

The Regulation on the European Economic Interest Grouping (EEIG) was inspired by a French entity called the groupement d'intérêt économique, which was introduced in France in 1967, and which is regarded as an intermediate form between the société (company or partnership) and the association (club). The Regulation provides a somewhat original framework for natural persons, companies and firms within the meaning of Article 48(2) EC and other entities governed by public or private law to enable them to cooperate effectively when carrying on business activities across national frontiers. An EEIG must have at least two members from different Member States. The registered office of a corporate member must be in a Member State. Furthermore, either the central administration or the principal activity, of at least two of the members must be within such a state.

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Publisher: Cambridge University Press
Print publication year: 2009

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References

Gerven, and Aalders, (eds), The European Economic Interest Grouping (Deventer: Kluwer, 1990)
Dorrenstein, A.et al., European Corporate Law (Deventer and Boston: Kluwer Law and Taxation, 1994)Google Scholar
Edwards, V., EC Company Law (Oxford: Clarendon Press, 1999)Google Scholar
Boucourechliev, (ed), Propositions pour une société fermée europeènne (Luxembourg, 1997)

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