CROSS–BORDER MERGERS – THE CONCEPT AND ITS IMPLEMENTATION INTO THE LEGAL ORDER OF THE SLOVAK REPUBLIC CEZHRANIČNÉ ZLÚČENIE ALEBO SPLYNUTIE

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Abstract

Cross-border mergers are regulated by the Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on crossborder mergers of limited liability companies. This article deals with the issue of cross-border mergers of limited liability companies within the internal market of the European Union, more precisely it analyzes the question of the concept of a cross-border merger under the European Union law and its implementation into the national legal order of the Slovak Republic. The legal definition of a cross-border merger under the European Union law comprises three key conditions that must be met cumulatively: cross-border merger is applicable only for a business company formed in accordance with the law of an EU Member State, having its registered office, central administration or principal place of business within the Community, and at the same time business company must be in an eligible legal form and a cross-border element must be given.

(1) PALA, R. - PALOVA, I. - LEONTIEV, A., 2010, Cross - border fusion. Cezhranične fuzie. Praha: C.H.Beck, 2010. 241 p. ISBN 978-80-7400-171-0

(2) VAN GERVEN, D., 2011, Cross-Border Mergers in Europe. Volume II. Cambridge: Cambridge University Press, 2011, s. 30

(3) VERMEYLEN, J. - VANDE VELDE, I., 2012, European Cross- Border Mergers and Reorganisations. 2012, Oxford: Oxford University Press, s. 10

EU agrarian Law

The Journal of Slovak University of Agriculture in Nitra

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Target Group experts, teachers and students in the field of agrarian law and related topics, as well as on general public.

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