| Abstract [eng] |
International Reorganisation of Companies in the EU: Aspects of Company Law The master's thesis analyzes the problem of cross-border reorganisation of companies, which reflects itself in the incompatibility of European Union legislation and the national rules of the European Union member states, by performing this procedure in mergers and divisions. At present, European Union legislation which regulates cross-border reorganisation is not comprehensive and leaves it to the member states of the European Union to lay down certain rules for the application of this procedure in national law. The first part of the master's thesis discusses the concept of cross-border reorganisation of companies, as it is now understood in the European Union and in accordance with Lithuanian national law, and how this concept will change when member states of European Union accepts Directive 2019/2121 into their national law. The second part of the master's thesis is intended for to the discussion of legal competition problems arising from cross-border mergers, as a result, there are problems for minority shareholders and for the appropriate share exchange ratio for the company which is being reorganised. Next, the general shortcomings in the European Union discussed in this section relate to the cross-border division of a company, which raises the issue of the protection of creditors rights and the proper creditorial requirement assurance. This paper also discusses the situation of United Kingdom companies in a cross-border reorganisation in relation with a company from a member state of the European Union after United Kingdom‘s exit from the European Union. According to the findings presented in the paper, we can make a conclusion that a company which is performing a cross-border reorganisation procedure, facing the applicable law of other European Union member state, as a result, for all companies involved into a reorganisation procedure, the general application of the law of the member state in which it operates, makes this procedure difficult due to the variety of national rules. |
