Ar galimas įmonės registruotos buveinės perkėlimas į kitas ES nares, be įmonės likvidavimo? ; Is it possible to transfer companies registered office to other EU member states, without liquidation of the company?

Abstract

Many companies in European Union are interested in the possibility to transfer their registered offices to another country. Doing that would lead to a change in the applicable law. If a company is allowed to dissolve in its country of incorporation without the liquidation, and to incorporate in the new state, the company would maintain its legal status and all of it's assets and liabilities would be passed to a company incorporated in the new state. This paper analyzes the possibility of such transfer according to European Union member states private international law and substantive law provisions. It also analyzes the jurisprudence of the European Court of Justice and it's influence on possibility of such transfer. The indirect possibility of such transfer, according to European Union secondary law, is also disscused.