A Third Way: Regional Restructuring and the Societas Europaea

Posted: 7 Aug 2009 Last revised: 21 Mar 2011

Date Written: 2009

Abstract

The Societas Europaea (SE) harmonized a minimum of company law and assigned employee representation to a supplementary negotiation process. Commentators predicted that it would introduce cross-border regulatory competition to the EU. Others suggested that companies would choose the SE over other national corporate forms, in order to moderate the requirements of mandatory employee representation. This paper reports case-study evidence to argue that companies are utilizing the form in a third, more significant way: to facilitate within-group restructurings that make regulation by a single supervisor possible. Their actions generate pressure for the unification of additional areas of law and the development of new regional regulatory systems. Empowering the SE would therefore lead to increased integration of corporate oversight within Europe.

Suggested Citation

Kirshner, Jodie A., A Third Way: Regional Restructuring and the Societas Europaea (2009). European Company and Financial Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1443383

Jodie A. Kirshner (Contact Author)

University of Cambridge ( email )

Cambridge, CB3 0DS
United Kingdom

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