7 Amendments of Georgios PAPASTAMKOS related to 2008/0130(CNS)
Amendment 62 #
Proposal for a regulation
Recital 11
Recital 11
(11) The SPE should not be subject to a highthe lowest possible mandatory capital requirement since this would be a barrier to the creation of SPEs order to further promote innovation and competitiveness in the EU. Creditors, however, should be protected from excessive distributions to shareholders which could affect the ability of the SPE to pay its debts. To this end, distributions that leave the SPE with liabilities exceeding the value of the assets of the SPE should be prohibited. Shareholders, however, should also be free to require the management body of the SPE to sign a solvency certificate.
Amendment 82 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. For the purposes of paragraphs 1 and 2, 'company' shall mean any form of company that may be set up under the law of the Member States, a European Cwhich can be either transformed or merged or divided up into a private limited liability company aund, where applicable, an SPEer the national legislation of the Member States.
Amendment 108 #
Proposal for a regulation
Article 10 – paragraph 4 - introductory part
Article 10 – paragraph 4 - introductory part
Registration of the SPE mayshall be subject to only one of the following requirements:
Amendment 111 #
Proposal for a regulation
Article 10 – paragraph 4 - point a
Article 10 – paragraph 4 - point a
(a) a control by a notary or an administrative or judicial body of the legality of the documents and particulars of the SPE;
Amendment 143 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The minimum required capital of the SPE shall be at least EUR 1.
Amendment 161 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Without prejudice to the provisions of this Regulation, the liability of directors and the lapsing of any relevant claims shall be governed by the applicable national law.
Amendment 167 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The SPE shall be subject to the rules on employee participation, if any, applicableEmployee participation shall be governed by the applicable rules, if any, in the Member State in which ithe SPE has its registered office, subject to the provisions of this Article.