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Open Access Will the SUP be an Effective Legal Form for SMEs as Well as for Subsidiaries within the European Union?

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Will the SUP be an Effective Legal Form for SMEs as Well as for Subsidiaries within the European Union?

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image of European Journal of Comparative Law and Governance

In 2014, the Commission published a proposal for a Directive that introduces a single- member private limited liability company, under a common label: Societas Unius Personae (SUP), into the national legislation of the EU-Member States. In this publication it is examined what kind of legal forms of capital companies already exist in the EU-Member States and whether the SUP is a welcome addition. The proposed legal form of the SUP is analysed in order to answer the question whether the SUP is an appropriate legal form for SMEs and subsidiaries. Furthermore attention is paid to issues which generally arise when the European legislator attempts to introduce a new legal enterprise-form, such as the SUP. The authors conclude that there are no irreconcilable differences between the laws of the EU-Member States that might hinder the introduction of the SUP. Also the European principles of subsidiarity and proportionality will not constitute an obstacle.

Affiliations: 1: Professor of Company Law, Faculty of Law, University of Groningen, h.e.boschma@rug.nl ; 2: Professor of Corporate Law, Faculty of Law and the Faculty of Economics and Business, University of Groningen, j.n.schutte-veenstra@rug.nl

10.1163/22134514-00403004
/content/journals/10.1163/22134514-00403004
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In 2014, the Commission published a proposal for a Directive that introduces a single- member private limited liability company, under a common label: Societas Unius Personae (SUP), into the national legislation of the EU-Member States. In this publication it is examined what kind of legal forms of capital companies already exist in the EU-Member States and whether the SUP is a welcome addition. The proposed legal form of the SUP is analysed in order to answer the question whether the SUP is an appropriate legal form for SMEs and subsidiaries. Furthermore attention is paid to issues which generally arise when the European legislator attempts to introduce a new legal enterprise-form, such as the SUP. The authors conclude that there are no irreconcilable differences between the laws of the EU-Member States that might hinder the introduction of the SUP. Also the European principles of subsidiarity and proportionality will not constitute an obstacle.

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2017-08-18
2017-11-23

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