Friday, 6 November 2009

Europe: Commission consultation on access to company registers

The European Commission has published a green paper to launch a consultation on improving access to company registers across the EU. It has also published a progress report concerning the interconnection of European company registers in which it describes the current legal and factual position regarding access to information and co-operation between business registries. The Commission provides this short overview in the green paper (at pp. 2 and 3):

There is an increasing demand for access to information on companies in a cross-border context, either for commercial purposes or to facilitate access to justice. However, while official information on companies is easily available in the country of their registration, access to the same information from another Member State may be hindered by technical or language barriers. In these circumstances, facilitating cross-border access to official and reliable company information for creditors, business partners and consumers is necessary to ensure an appropriate degree of transparency and legal certainty in the markets all over the EU. To achieve this, the cross-border cooperation of business registers is indispensable.

Efficient cross-border cooperation between the registers is not only essential for a smooth functioning of the Single Market. It also significantly reduces the costs for companies operating cross-border. ... The existing voluntary cooperation between business registries is, however, not enough. There is a need for enhanced cooperation between them. ... This Green Paper describes the existing framework and considers possible ways forward to improve access to information on businesses across the EU and more effective application of the company law directives".

Responses to the green paper should be made here.

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