6 Amendments of Thomas MANN related to 2008/0130(CNS)
Amendment 20 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to make the SPE an accessible company form for individuals and small businesses, it should be capable of being created ex nihilo or of resulting from the transformation, the merger or the division of existing national companies. The creation of an SPE by way of transformation, merger or division of companies should be governed by the applicable national law. Should an SPE created ex nihilo have more than 100 employees, steps should be taken to determine whether the company must open negotiations with its employees concerning their rights of participation in accordance with the rules laid down in the articles of association of the SPE.
Amendment 24 #
Proposal for a regulation
Recital 15
Recital 15
(15) Employees’ rights of participation should be governed by the legislation of the Member State in which the SPE has its registered office (the "home Member State"). The SPE should not be used for the purpose ofAny circumventingon of such rights should be avoided. Where the national legislation of the Member State to which the SPE transfers its registered office does not provide for at least the same level of employee participation as the home Member State, the participation of employees in the company following the transfer should in certain circumstances be negotiated. Should such negotiations fail, the provisions applying in the company before the transfer should continue to apply after the transfer.
Amendment 31 #
Proposal for a regulation
Article 7
Article 7
An SPE shall have its registered office and its central administration or principal place of business in the Community. An SPE shall not be under any binding obligation to have its central administration or principal place of business in the Member State in which it has its registered office.
Amendment 33 #
Article 10 - paragraph 4
4. Registration of the SPE may be subject to only one of the following requirements: (a) a control by an administrative or judicial body of the legality of the documents and particulars of the SPE; (b) the certification of the documents and particulars ofWhen an SPE is registered, the companies shall have the right to decide which body should review the documents establishing the SPE.
Amendment 34 #
Proposal for a regulation
Article 19 - paragraph 4
Article 19 - paragraph 4
4. The initial capital of the SPE shall be at least EUR 1.
Amendment 37 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. If the articles of association so requirprovide, the management body of the SPE, in addition to complying with paragraph 1, shall sign a statement, hereinafter a 'solvency certificate', before a distribution is made, certifying that the SPE will be able to pay its debts as they become due in the normal course of business within one year of the date of the distribution. Shareholders shall be provided with the solvency certificate before the resolution on the distribution referred to in Article 27 is taken. The solvency certificate shall be disclosed.