ПОЈАМ И ПРАВНА ПРИРОДА ПРЕКОГРАНИЧНЕ КОНВЕРЗИЈЕ
CROSS-BORDER CONVERSIONS

Summary/Abstract: Cross-border conversion is a term increasingly used for a procedure where one company changes its registered (and real) seat while changing its applicable corporate law. The difference between conversion and transfer of a companies’ seat is analyzed, as well as other similar cross-border transformations. The paper examines whether cross-border conversion can be considered as a change of company’s form, with the appropriate application of national provisions on conversions. The analysis shows that the most important aspect of cross-border conversion is legal continuity. The change of legal form prescribed by the new applicable legislation following the cross-border conversion does not result in loss of legal personality; to the contrary, the company that existed before is the same as the one continuing to operate after the conversion. Having in mind that legal continuity is generally adopted in prevalent number of European company laws in the case of cross-border and national conversions, it can be concluded that they have the same legal nature.

• Details
• Contents