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  • Establishment of a European company (SE)

Establishment of a European company (SE)

Ways of establishing the SE:

  • Merger two or more JSC or SE, which are based on the law of the EU Member States and have their registered office in the EU, if at least 2 of them are governed by the law of different member states (establishment via fusion).
  • As a holding company over two or more existing JSC or SE or Ltd., which were established under the law of one of the states and have their registered office in the EU if at least 2 of them are established under the law of different Member States or have at least two years a subsidiary or an organizational unit of an enterprise in the territory of a Member State other than the State by the law of which it is governed (Holding e.s.).
  • As a subsidiary of at least 2 companies within the meaning of Article 48 of the SES (including SE), which were established under the law of an EU Member State and have their registered office in the EU if at least 2 of them are established under the law of different Member States or have for at least two years a subsidiary or an organizational unit of an enterprise in the territory of a Member State other than the State by the law of which it is governed (subsidiary or joint venture es)
  • Transformation of a JSC based on the law of one of the EU Member States, if its registered office are located in the EU if it has a subsidiary for at least two years in the territory of another Member State.
  • As a subsidiary of another SE

Restrictions only form a formal barrier for entities that do not meet the prescribed conditions. Conditions can be circumvented (eg by establishing formal JSC only for the purpose of establishing the SE).

ARSYLINE 2016
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