| Abstract [eng] |
Problematic of Brexit in the Context of Company Law On June 23 of 2016 a referendum of British citizens expressed a support for the United Kingdom withdrawal from the European Union. Despite the fact, this public decision was advisory, it paved the way further for United Kingdom's withdrawal from the European Union. The paper discusses the Court of Justice of the European Union assessment of the United Kingdom unilateral notice of withdrawal. As the formation of a state exit from the European Union is taking place for the first time, many legal issues have arisen, including alternative, 28th legal regime of company law and cross-border mergers between United Kingdom companies and European Union member states companies. This paper examines the theoretical foundations of cross-border mergers in the field of freedom of establishment in national, European and international regulation, taking into account the conditions applicable to reorganization and legislation invoked in European Union, United Kingdom and the Republic of Lithuania. Relevant cases brought before the United Kingdom Supreme Court help to understand how European Union law will be treated in the United Kingdom after Brexit transitional period if one of the parties of the merger or establishment is in a Member State of the European Union. The paper also discusses the 28th alternative legal regime of company law and its post-Brexit status. The aim is to explore the perspectives of the European Union-formed institutes - European Company (SE) and European Economic Interest Grouping (EEIG) in the United Kingdom in the context of state exits. Thus, the paper reviews the prospects of Brexit in the context of cross-border mergers and the 28th alternative legal regime. |
