A New (?) Framework (?) on Digitalization in European (?) Company (?) Law?

Bartolacelli, Alessio

doi:10.22598/iele.2018.5.2.1

Cited by 4 publications

References 5 publications

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Online Formation of Companies in Lithuania in a Comparative Context: Implementation of the Digitalisation Directive and Beyond

Bitė

Romashchenko

2023

Eur Bus Org Law Rev

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For many years, paper was the main format for the registration of companies. The Digitalisation Directive, adopted in 2019, obliged European Union (EU) Member States to provide founders with the option to form private companies digitally. Although for Lithuania, where online formation of legal entities had already existed even before 2019, these regulatory developments did not bring about radical change, they forced the national legislator to introduce the required amendments. This article aims at studying the provisions of the Digitalisation Directive and the results of its implementation in Lithuania to suggest possible improvements in the online registration of companies. The laws of both EU jurisdictions (Estonia, Latvia, and Poland) and one non-EU jurisdiction (Ukraine) with experience of online registration of companies are investigated in comparison with Lithuanian law. In addition, the results of a survey Among Lithuanian law firms are presented and contribute to the analysis and interpretation of the legislation at hand. The article’s conclusions about the state of implementation of the Digitalisation Directive and the recommended steps beyond the Directive’s transposition provide for further enhancement of statutes and practices in this area.

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Online Formation of Companies in Lithuania in a Comparative Context: Implementation of the Digitalisation Directive and Beyond

Bitė

Romashchenko

2023

Eur Bus Org Law Rev

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The Setting Up of a New Company

Luca

2021

European Company Law

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The significance of Directive 2019/1151 in the digitalization of European Union company law

Maksimović-Sekulić

2023

Pravo - teorija i praksa

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With the rapid development of information and communication technologies in the EU, the establishment of the digital single market through the EU's strategy has allowed for fair market competition using the internet by both individuals (natural persons) and legal entities. However, regulatory disparities among EU member states have posed challenges for businesses engaged in cross-border activities within the EU's single market. There are big differences among member states in terms of the availability of internet tools that enable entrepreneurs and companies to communicate with competent bodies regarding issues related to their business. Furthermore, e-government services differ among member states. Some member states offer comprehensive user-friendly services entirely online, while others struggle to provide digital solutions at crucial stages of a company's life cycle. In certain EU member states, the establishment of a company or the submission of document and information amendments to the register are only allowed in person, or in person or electronically, while in some member states this can only be done electronically. Digitalization was supposed to simplify the procedures for establishing business entities and enable free business establishment at the EU level. The aim of this paper is to analyze the legislative framework at the EU level, which should facilitate business operations in the digital world and provide security to participants in the European single market, with a special focus on EU Directive 2019/1151.

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A New (?) Framework (?) on Digitalization in European (?) Company (?) Law?

Abstract: In this paper, I consider the digital tools present in the European Company law currently in force, and those that have been proposed in several occasions and by different bodies during the last fifteen years.

Cited by 4 publications

References 5 publications

Online Formation of Companies in Lithuania in a Comparative Context: Implementation of the Digitalisation Directive and Beyond

Online Formation of Companies in Lithuania in a Comparative Context: Implementation of the Digitalisation Directive and Beyond

The Setting Up of a New Company

The significance of Directive 2019/1151 in the digitalization of European Union company law

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