Der einheitliche SPE-Konzern im europäischen Binnenmarkt

Out of the sparse rules of the SPE regulation draft this work develops a complete system which enables the SPE to be a group company. It can be turned towards the group interest. At the same time it provides mandatory protection for minority shareholders and creditors. Starting points for this work are the articles of association, especially the company’s purpose. By this approach, a more detailed political compromise is not necessary.
The work compares the Dutch B.V., the English ltd. and the German GmbH. The comparison shows, how different the member states’ approaches towards the crucial questions of the group of companies are. Thereby, a national point of view is consistently avoided and a genuine European one is developed.
The results of the work refer primary to the SPE; but they also may be applied to other approaches to enable an EU-wide uniform group of companies.