WP 19 Mobility of companies facing insolvency
Introduction
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Chairs
Prof. Jessica Schmidt
Prof. Juana Pulgar Ezquerra
Current Projects
- Mobility of companies subject to insolvency proceedings or preventive restructuring frameworks
The Company Law Directive (Directive (EU) 2017/1132, "CLD") as amended by the Mobility Directive (Directive (EU) 2019/2121) provides that Member States may decide not to apply the rules on cross-border conversions, mergers and divisions to companies which are the subject of insolvency proceedings or subject to preventive restructuring frameworks (Art. 86a(4)(a), 120(5)(a), 160(5)(a) CLD). Moreover, Member States may also decide not to apply the rules on cross-border conversions, mergers and divisions to companies which are the subject of other liquidation proceedings (Art. 86a(4)(b), 120(5)(b), 160(5)(b) CLD).
The project will examine which Member States made use of this option and in what way. It will analyse the pros and cons of the different implementations and provide recommendations.
Reporters: Prof. Jessica Schmidt and Prof. Juana Pulgar EzquerraResearch Associate: Adrian Eickhoff
Conferees part of
WP 19 Mobility of companies facing insolvency
Juana Pulgar Ezquerra | - |
Antonio Leandro | - |
Jessica Schmidt | - |