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The protection of creditors of a European private company (SPE).

Siems, Mathias and Herzog, Leif and Rosenhäge, Erik (2011) 'The protection of creditors of a European private company (SPE).', European business organization law review., 12 (1). pp. 147-172.

Abstract

Soon we can expect a new type of company: the European Private Company (Societas Privata Europaea – SPE) aimed at small and medium-sized enterprises in the EU. In this article, we analyse how creditors of future SPEs will be protected. In the first part, we identify on a general level how creditors can be protected. Then we turn to the tools used in the different draft versions of an SPE statute (Commission Draft, EP Draft and Presidency Compromise). As these do not cover all aspects of creditor protection, the next part examines how these gaps ought to be filled. Subsequently, we discuss whether, from a normative perspective, creditor protection in the EU should be further harmonised. Overall, we conclude that what emerges is a mixed picture between various levels of European and national rules. This may not be ideal but it may be the price worth paying in order to reach political agreement on SPE law.

Item Type:Article
Keywords:European Private Company, Societas Privata Europaea, Creditor protection, Regulatory competition.
Full text:Full text not available from this repository.
Publisher Web site:http://dx.doi.org/10.1017/S1566752911100051
Record Created:12 Aug 2011 13:20
Last Modified:20 Sep 2011 14:48

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