The case for further flexibility in matters of cross-border corporate mobility - Laurent Schummer and Sébastien Binard

The right of establishment provided for by the Treaty of Rome consists in the abolition of restrictions to the freedom of nationals of a Member State to create a business activity on the territory of any Member State including by establishing a company or a branch or subsidiary of a company there.


Soon enough, it became apparent that a natural extension of this right was to allow existing companies established in a Member State either to merge into a company established in another Member State or to move their corporate seat to another Member State and become subject to the national corporate laws of such jurisdiction (in the latter case, without triggering a loss of legal personality of the migrating company).

Laurent Schummer​ and Sébastien Binard share their views on the topic of cross-border corporate mobility in the context of a proposal for an EU directive on cross-border conversions, mergers and divisions.

Please click on the link below to read the full publication.

Initially published in European Company Law Journal, February 2019, with permission of Kluwer Law International.


Laurent Schummer


Corporate Law, Mergers & Acquisitions, Private Equity & Real Estate, Finance & Capital Markets

Sébastien Binard


Corporate Law, Mergers & Acquisitions, Private Equity & Real Estate


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