I. General Information
Directive 2009/102/EC of the European Parliament and of the Council of 16 September 2009 in the area of company law on single-member private limited liability companies
A private limited liability company may be a single- member company from the time of its formation, or may become one because its shares have come to be held by a single shareholder.
Twelfth Council Company Law Directive 89/667/EEC of 21 December 1989 on single-member private limited- liability companies has been substantially amended several times. In the interests of clarity and rationality the said Directive should be codified (see recitals 1, 5).
In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make it clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the specific rights it gives him. This aim cannot be achieved so long as numerous provisions that have been amended several times, often quite substantially, remain scattered, so that they must be sought partly in the original instrument and partly in later amending ones. Considerable research work, comparing many different instruments, is thus needed to identify the current rules. For this reason a codification of rules that have frequently been amended is also essential if Community law is to be clear and transparent.
On 1 April 1987 the Commission therefore decided1 to instruct its staff that all legislative acts should be codified after no more than ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.
|Source||O.J. EC No L (Legislation), Edition 258, Year 2009, p.20 - 25|
|Legal Basis||Art. 44 EC|
|Legislative Procedure||Codecision procedure|
II. Versions and Legislative History
|Directive 2009/102/EG amended by|
Council Directive 2013/24/EU of 13 May 2013 adapting certain directives in the field of company law, by reason of the accession of the Republic of Croatia
Original Text :
Proposal for a Directive of the European Parliament and of the Council on single-member private limited liability companiesRepeal Directive 2009/102/EG
3. Legislative History
|11/18/2008||Report of the European Parliament - 1st reading||ABL C E/2010/16/ 80|
|09/17/2008||Opinion of the European Economic and Social Committee||ABL. C 2009/0077 p. 42|
|06/09/2008||Proposal||COM(2008) 344 final|
4. Legal Impact
|Repeal|| Directive 89/667/EEC|