16 Amendments of Pascal ARIMONT related to 2014/0120(COD)
Amendment 91 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. The form of Societas Unius Personae (SUP) referred to in Article 6 of this Directive shall only be authorised for micro or small undertakings within the meaning of Directive 2013/34/EU. Where a Societas Unius Personae no longer meets the criteria laid down therein, it should be converted into another legal form.
Amendment 154 #
Proposal for a directive
Article 10
Article 10
An SUP shall have its registered office and either its central administration or its principal place of business in the Unionsame Member State.
Amendment 170 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) Member States shall require that theIn connection with the on-line registration of an SUP, Member States shall make available the uniform template of articles of association of the SUP, which shall cover at least the subject matters provided for in paragraph 2.
Amendment 174 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
The uniform template of articles of association shall cover the quesntain at least the following elements: - name and descriptions of formation, shares,the company, the single member and the business activity or activities; - formation and, where applicable, duration for which the company is set up; - single share and capital,; - organisation,; - accounts and theing; - dissolution of an SUP.and, where appropriate, conversion;
Amendment 176 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Amendment 179 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 191 #
Proposal for a directive
Article 13 – paragraph 1 – point i a (new)
Article 13 – paragraph 1 – point i a (new)
(ia) if applicable, all the documents, authorisations and licences required for registration in accordance with the legal provisions of the Member State in which the SUP is to be registered;
Amendment 192 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 194 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
(2) An SUP shall acquire legal personality in accordance with the legal provisions of the Member State of registration and, at the latest, on the date on which it is entered in the register of companies of theis Member State of registration.
Amendment 196 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
(3) Member States shall ensure that the on- line registration procedure for newly incorporated SUPs may be completed electronically in its entirety without it being necessary for the founding member to appear before any authority in the Member State of registration (on-line registration)by means of an electronic signature or the involvement of a public official.
Amendment 198 #
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
Member States mayshall lay down effective rules for verifying the identity of the founding member, and any other person making the registration on the member’s behalf, and the acceptability of the documents and other information submitted to the registration body. Any identification issued in another Member State by the authorities of that State or on their behalf, including identification issued electronically, shall be recognised and accepted for the purposes of the verification by the Member State of registration.
Amendment 204 #
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
(5) Member States may lay down rules for verifyingVerification of the identity of the founding member, and any other person making the registration on the member's behalf, ands well as the acceptability of the documents and other information submitted to the registration body. Any identification issued in another Member State by the authorities of that State or on their behalf, including identification issued electronically, shall be recognised and accepted for the purposes of the verification by the Member State of registration, shall be governed by the applicable national law. Member States shall adopt provisions governing the subject.
Amendment 206 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 212 #
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
(6) Member States shall not make the registration of an SUP conditional on obtaining any licence or authorisation, unless national legal provisions make such a licence or authorisation a precondition for specific, predetermined sectors. The registration of the SUP, all documents provided during the process of registration and subsequent changes to them, shall be disclosed in the relevant register of companies immediately after registration.
Amendment 214 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall ensure that the SUP is not subject to rules requiring the company to build up legal reserves. Member States shall allow companies to build reserves in accordance with their articles of associationrequired to build up legal reserves in accordance with the applicable national rules.
Amendment 220 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
(4) Member States shall ensure that the SUP is not subject to rules requiring the company to build up legal reserves. Member States shall allow companies to build reserves in accordance with their articles of associationrequired to build up legal reserves in accordance with the applicable national rules.