Didier Reynders – Photo © European Union 2023
(BRUSSELS) – The EU continued its drive to cut red tape for cross-border business Wednesday with a proposal to make it easier for companies to expand the use of digital tools and processes in EU company law.
The proposal aims to facilitate cross-border companies’ operations and to increase business transparency and trust by making more information about companies publicly available at EU level. It will also cut red tape for cross-border businesses, saving around EUR 437 million of administrative burden per year, thanks to an EU Company Certificate or the application of the “once-only principle”.
“In a competitive global market, companies must be supported to allow them to do business quickly and effectively, while reaping the benefits of the EU Internal Market,” said Justice Commissioner Didier Reynders: “The proposal will precisely do that. It will greatly simplify cross-border procedures for companies, business registers and authorities. In particular, the EU Company Certificate will provide EU companies with simple and reliable means to provide essential information about their company to authorities and stakeholders across the EU.”
To cut red tape and alleviate the administrative burden for cross-border business, the proposed rules include:
- Application of the “once-only principle” so that companies do not need to re-submit information when setting up a branch or a company in another Member State. The relevant information can be exchanged through the Business Registers Interconnection System (BRIS);
- An EU Company Certificate, containing a basic set of information about companies, which will be available free of charge in all EU languages;
- A multilingual standard model for a digital EU power of attorney which will authorise a person to represent the company in another Member State;
- Removing formalities such as the need for an apostille or certified translations for company documents.
The proposal is updating the existing EU rules for companies (Directive (EU) 2017/1132) to adapt them further to the digital developments and new challenges, and to stimulate growth and competitiveness in the single market.
To ensure greater transparency and trust in companies the proposed rules are intended to:
- Make sure that important information about companies (e.g. about partnerships and groups of companies) is publicly available in particular at EU level through the BRIS;
- Make searches for information about companies in the EU easier by allowing a search through BRIS and, at the same time, through two other EU systems interconnecting national beneficial ownership registers and insolvency registers;
- Ensure that company data in business registers is accurate, reliable and up-to-date, for example by providing for checks of company information before it is entered in business registers in all Member States.
The proposal will now be discussed by the European Parliament and the Council. It is proposed that once adopted, Member States will have two years to transpose the Directive into national law.
Digitalisation of company law and cutting red tape - guide
