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Cross-border merger (case study)

Publication at Faculty of Law |
2022

Abstract

Although the regulation of cross-border mergers in each EU country is based on the uniform principles of the directive, there are significant differences in practice between Member States. Also the standards regarding the quality and content of individual legal documents vary significantly.

The presentation aims to point out - on the background of practical experience from cross-border merger between Czech and Spanish companies - some institutes of the Czech legal system that might be inspiring for foreign colleagues and legislators. In particular, I mention the possibility of registration in the public register by a notary public and the related cooperation between the notary and participating companies, as well as the possibility to carry out a merger (relocation of the registered office) with companies from non-EU countries under the general provisions of the Czech Civil Code.

Both of these possibilities represent a significant comparative advantage of the Czech Republic and may lead to foreign companies (e.g. from the USA or Switzerland) using the Czech Republic as a kind of gateway to the EU.