Das Stimmverbot des GmbH-Gesellschafters in Deutschland und Europa

2021 ◽  
Author(s):  
Stephanie von Riegen
Keyword(s):  
Great Britain ◽  
Legal Analysis ◽  
Private Company ◽  
Employment Contract ◽  
Social Acts ◽  
Teleological Interpretation ◽  
European Private Company

The study examines the material scope of the shareholder´s voting prohibitions and compares sec 47 (4) GmbHG with the shareholder´s duty to abstain from voting in closed corporations in France, Great Britain, Austria and Spain. Following that, the author concentrates on the controversial prohibition of voting on resolutions concerning the performance of a legal transaction and opposes the prevailing doctrine of social acts (“Sozialaktslehre”) with her own concept for a legally certain demarcation of the legal transactions affected by a prohibition of voting on the basis of the comparative legal analysis and a systematic, historical and teleological interpretation of sec 47 (4) GmbHG. Also the practice-relevant questions of the prohibition of voting on resolutions concerning the employment contract of the managing director and shareholder as well as the dispensability of the statutory prohibition of voting are discussed. Finally, developments in Union law are considered and a proposal for a voting ban in a possible future European Private Company is made.

Global experience in implementing electronic administrative services

2021 ◽  
Vol 28 (1) ◽  
pp. 79-87
Author(s):  
Yevhen A. Hetman ◽  
Viacheslav S. Politanskyі ◽  
Kateryna O. Hetman
Keyword(s):  
European Union ◽  
Great Britain ◽  
Developed Countries ◽  
The United States ◽  
Legal Analysis ◽  
The European Union ◽  
Administrative Services ◽  
Online Mode ◽  
Provision Of Services ◽  
General Scientific

One of the factors for the development of civil society in democratically developed countries is an effective, wellfunctioning institution for providing administrative electronic services. Despite the intensity and wide scope of research covering various aspects of providing electronic administrative services to the population, many issues in this area remain quite debatable, as well as understudied, which conditioned the relevance of the study. The study is aimed at investigating the specific features of implementing electronic administrative services in the practice of countries with the most developed e-government mechanisms. In the study of the problem, a set of general scientific and special methods of cognition was used, in particular, the leading methods were: dialectical, comparative legal, analysis, synthesis, interpretation. The study analysed criteria for evaluating electronic administrative services in the leading countries of the European Union and the United States. The study examines the basic electronic administrative services for citizens in online mode provided in the countries of the European Commonwealth. The study examines the global experience of implementing electronic administrative services in such countries as: USA; France; Great Britain; Germany; Estonia and Sweden. The author’s approach to defining the concept of electronic administrative services is formulated, based on a personal interpretation of this concept from the standpoint of general theoretical analysis. It is concluded that one of the best ways to encourage the provision of administrative services in electronic form in the countries of the European Union is to standardise their provision – the development of clear organisational and technical-technological rules and requirements, and their main position is that the provision of services through electronic means of communication should complement, and not replace other communication channels

The European Private Company - Entering the Scene or Lost in Discussion?

2009 ◽  
Vol 10 (8) ◽  
pp. 1321-1332 ◽  
Author(s):  
Daniel Kornack
Keyword(s):  
European Commission ◽  
The Other ◽  
Private Company ◽  
Short Overview ◽  
European Institutions ◽  
Draft Statute ◽  
Basic Features ◽  
Societas Privata Europaea ◽  
European Private Company

More than a year has passed since the European Commission introduced the European Private Company (Societas Privata Europaea, SPE) in June 2008. What has become of the draft statute? This paper is meant to give a short overview of its basic features, the other European institutions' discussions and statements, the problems that prevented the proposal from being adopted so far and possible solutions that were introduced.

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