| Abstract [eng] |
Third-Party Right Protection under EU Company Law Gradually, a pragmatic conception of company law harmonisation that complies with subsidiarity principle has formed: it is not limited to unification of the national law of member states, but creates a legal framework exclusively for the European company law. For this purpose, the Council issued the EU directives regulating the rights of third parties, such as an appropriate disclosure of information, their protection in existing transactions before establishing the company and etc. Information disclosure to third parties should allow accessing main documents of a company and access some company-related data, in particular the data about persons who are able to take responsibility on behalf of a company. Besides, cross-border accessibility of company information should be facilitated. Nevertheless, it is recognised that high level of regulation in the European company law allows ensuring an appropriate protection of third parties. Legal certainty concerning third parties is further improved in the EU company law; better registry systems are created; data reliability is in the focus; an interaction between business registries in different countries is encouraged. Effective and timely protection of the rights of third parties is a necessary condition for business effectiveness and competitiveness. At the same time, transparency, which is a very important principle for company activities, is improved. |
