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Abstract:
The adoption of the Regulation establishing the European Company (Societas Europaea–SE) has been warmly welcomed, since the new pan-european company form is the only veritable vehicle of corporate mobility and community wide restructuring. The present contribution focuses on this ability of complete mobility within the European Union, which consists the most special and fascinating legal feature of the European company, an advantage that for a long time has been denied to national companies. However, this unique feature of the SE is already, two years after the Regulation having become operational, questionable. It has been argued that these advantages are only relative, since cross border mergers are already possible among domestic entities while the reincorporation mechanism, even though it is still a SE’s competitive advantage, suffers from complexity and the strict requirement of territorial correspondence between SE’s registered office and head office.
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