POSSIBLE DIRECTIONS FOR AMENDMENTS OF CROATIAN COMPANY LAW
DOI:
https://doi.org/10.30925/zpfsr.37.3.3Keywords:
company law; company incorporation; public company limited by shares; private company limited by shares; bodies of the Company; shareholdersAbstract
This contribution aims to provide directions for some possible future
amendments of domestic company law regulation. Intent of such amendments is to
facilitate creation of a more competitive and understandable legal framework that will
be equally attractive to both domestic and foreign investors. Establishment of such
legal framework can contribute to the strengthening of economy and legal certainty as
well as creation of a favourable investment environment. Contribution is divided into
two distinct parts. First part provides suggestions relating to amendments in the field
of company incorporation. For example, consideration is given to establishment of one
stop shop service as well as online incorporation, introduction of the limited liability
company without the minimal share capital requirement and other similar areas
which can contribute to the simplification of company incorporation procedure (e.g.
abolition of the founder’s statement of tax debt non-existence). Second part provides
suggestions for amendments aimed at improvement of existing legal solutions and
removal of ambiguities that undermine legal certainty which can result in non-uniform
application in business dealings and judicial practice. For example, suggestions are
given in regard to the clearance given to the management and supervisory board
members of a private company limited by shares, decision making by shareholders
through use of means that do not require them to be physically present at the general
meeting of a private company limited by shares, fee approval to the members of the first
supervisory board of a public company limited by shares, attendance of management
board members at the supervisory board meetings and making counter-proposals by
company shareholders before and during the general meeting of the company.
Additional Files
Published
Issue
Section
License
Collected Papers is an open access journal. Journal does not charge article processing charges (APC) to authors. It is licensed under CC BY-NC licence 4.0.
Collected Papers of the Law Faculty of the University of Rijeka" is an Open Access journal. Users are allowed to read, download, copy, redistribute, print, search and link to material, and alter, transform, or build upon the material, or use them for any other lawful purpose as long as they attribute the source in an appropriate manner according to the CC BY licence.
The papers published in "Collected Papers of the Law Faculty of the University of Rijeka" can be deposited and self-archived in the institutional and thematic repositories providing the link to the journal's web pages and HRČAK.
Upon acceptance of the manuscript for publication by this journal, the author can publish same manuscript in other journals only with the permission of the Editorial Board (secondary publication). A repeated publication should contain a notice as to where the manuscript was originally published.
