15 Amendments of Sharon BOWLES related to 2008/0130(CNS)
Amendment 61 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The capital of the SPE shall be at least EUR 1, provided that the articles of association of the SPE require that the management body sign a solvency statement as provided for in Article 21. Where the articles of association make no such provision, the capital of the SPE shall be at least EUR 10 000.
Amendment 66 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) 'director' means any individual managing director, any member of the management board, administrative board or supervisory body of an SPE;
Amendment 67 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'supervisory body' means the supervisory board (dual board), when designated in the articles of association of the SPE as being responsible for the supervision of the management body;
Amendment 68 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. An SPE shall be a corporate body possessing legal personality and shall comply with the following requirements: (a) its capital shall be divided into shares, (b) a shareholder shall not be liable for more than the amount he has subscribed or agreed to subscribe, (c) it shall have legal personality, (d) its shares shall not be offered to the public and shall not be publicly tradedd) its shares shall not be made the subject of general public offers, and shall not be publicly traded; this shall not, however, prohibit offers to employees.
Amendment 72 #
Proposal for a regulation
Article 45
Article 45
Member States shall notify the Commission by 1 July 2010 of the form of private limited-liability companies referred to in the second paragraph of Article 4 to the Commission by 1 July 2010 at the latest. The Commission shall publish this information in the Official Journal of the European Union, including the consequences under national law of any failure to comply with any provision of this Regulation and any additional provisions of national law that apply to an SPE. The Commission shall publish this information in the Official Journal of the European Union. Member States shall also maintain web pages that list SPEs registered in their territory, and any court judgements relating to the operation of SPEs in their territory. The Commission shall maintain a web page with links to such national web pages.
Amendment 86 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
The registered office shall be the address at which all legal documents relating to the SPE are to be served.
Amendment 87 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. An SPE shall have articles of association that cover at least the matters set out in this Regulation, as provided for in Annex I. In the event of failure to submit articles of association, standard articles shall apply.
Amendment 104 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The documents and particulars referred to in paragraph 2 shall be provided in the language required by the applicable national law. There shall be a common format for submitting the particulars required.
Amendment 135 #
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
Amendment 137 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 145 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The capital of the SPE shall be at least EUR 1defined by shareholders and shall be at least EUR 1 per shareholder.
Amendment 150 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
2. If the articles of association so require, the management body of the SPE, in additionas an alternative to complying with paragraph 1, shallmay 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.
Amendment 153 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. An SPE shall be subject to the requirements of the applicable national law as regards preparation, filing, auditing and publication of statutory accounts.
Amendment 162 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Without prejudice to the provisions of this Regulation, the duties and liabilityies of directors shall be governed by the applicable national law.
Amendment 182 #
Proposal for a regulation
Article 45
Article 45
Member States shall notify the Commission by 1 July 2010 at the latest of the form of private limited-liability companies referred to in the second paragraph of Article 4 to the Commission by 1 July 2010 at the latest. The Commission shall publish this information in the Official Journal of the European Union, of the consequences under their national law of failure to comply with any provisions of this Regulation, and of any additional provisions of their company law which apply to an SPE. The Commission shall publish this information in the Official Journal of the European Union. Furthermore, Member States shall maintain web pages listing SPEs registered in their territory and any court judgments relating to the operation of SPEs in their territory. The Commission shall maintain a web page which provides a link to those discrete national web pages.