Der Harmonisierungserfolg der Publizitätsrichtlinie

The 1968 Disclosure Directive is of particular importance for the internal market, as it provides with its system of disclosure via companies registers a corner stone of European company law. With the digitalisation of companies registers this significance has even more increased. In addition, the directive regulates questions of the control of company formations, pre-incorporation contracts, directors‘ powers to represent companies and nullity of companies.
The study takes a critical look at the scope of the Disclosure Directive and examines to what extent the standard established by it can be relied upon in practice, with a particular focus on the implementation in the UK. It demonstrates the difficulties of transposing rules into a different legal system and how limited the success of harmonisation can be if national legislators only make the absolutely necessary changes to their national law.