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EEIG European Economic Interest Groupings

EEIG European Economic Interest Groupings. Mondorf-les-Bains, Luxembourg, 18th November 1999 Dr Lars Karlsson Hippopotamos Education Vienna and Lund University. WHAT IS THE EEIG?. WHAT IS THE EEIG?. The EEIG is:

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EEIG European Economic Interest Groupings

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  1. EEIGEuropean Economic Interest Groupings Mondorf-les-Bains, Luxembourg, 18th November 1999 Dr Lars Karlsson Hippopotamos Education Vienna and Lund University

  2. WHAT IS THE EEIG? Dr Lars Karlsson, Nov 1999

  3. WHAT IS THE EEIG? The EEIG is: • the only legal vehicle for co-operation, directly connected with the Community system, Dr Lars Karlsson, Nov 1999

  4. WHAT IS THE EEIG? The EEIG is: • the only legal vehicle for co-operation, directly connected with the Community system, • the first attempt by the EU towards an EU company (but it is not a company) Dr Lars Karlsson, Nov 1999

  5. WHAT IS THE EEIG? The EEIG is: • the only legal vehicle for co-operation, directly connected with the Community system, • the first attempt by the EU towards an EU company (but it is not a company) • a key element in European co-operation, particularly for SMEs wishing to participate in European-scale projects. (app. 1000 groupings in a wide range of sectors) Dr Lars Karlsson, Nov 1999

  6. WHAT CAN EEIG DO? Dr Lars Karlsson, Nov 1999

  7. WHAT CAN EEIG DO? • An EEIG can do most things related to the economic activity of its members Dr Lars Karlsson, Nov 1999

  8. WHAT CAN EEIG DO? • An EEIG can do most things related to the economic activity of its members • It must though be ancillary to the economic activity of its members Dr Lars Karlsson, Nov 1999

  9. WHAT CAN EEIG DO? • An EEIG can do most things related to the economic activity of its members • It must though be ancillary to the economic activity of its members • The concept of "economic activity" is very flexible Dr Lars Karlsson, Nov 1999

  10. WHAT CAN AN EEIG NOT DO? Dr Lars Karlsson, Nov 1999

  11. WHAT CAN AN EEIG NOT DO? An EEIG cannot: • hold shares in any of its members Dr Lars Karlsson, Nov 1999

  12. WHAT CAN AN EEIG NOT DO? An EEIG cannot: • hold shares in any of its members • be a member of another EEIG Dr Lars Karlsson, Nov 1999

  13. WHAT CAN AN EEIG NOT DO? An EEIG cannot: • hold shares in any of its members • be a member of another EEIG • employ more than 500 persons Dr Lars Karlsson, Nov 1999

  14. WHAT CAN AN EEIG NOT DO? An EEIG cannot: • hold shares in any of its members • be a member of another EEIG • employ more than 500 persons • be used to make loans to a company director or any person connected with him where that would be restricted or controlled by national law Dr Lars Karlsson, Nov 1999

  15. WHAT ARE THE ADVANTAGES OF AN EEIG? Dr Lars Karlsson, Nov 1999

  16. WHAT ARE THE ADVANTAGES OF AN EEIG? • Legal capacity Dr Lars Karlsson, Nov 1999

  17. WHAT ARE THE ADVANTAGES OF AN EEIG? • Legal capacity • Right to conclude contracts and take legal actions Dr Lars Karlsson, Nov 1999

  18. WHAT ARE THE ADVANTAGES OF AN EEIG? • Legal capacity • Right to conclude contracts and take legal actions • Tax transparency Dr Lars Karlsson, Nov 1999

  19. WHAT ARE THE ADVANTAGES OF AN EEIG? • Legal capacity • Right to conclude contracts and take legal actions • Tax transparency • Flexibility regarding the method of financing Dr Lars Karlsson, Nov 1999

  20. WHAT IS NOT SO GOOD? Dr Lars Karlsson, Nov 1999

  21. WHAT IS NOT SO GOOD? • Unlimited joint and several liability of the members. Dr Lars Karlsson, Nov 1999

  22. WHAT IS NOT SO GOOD? • Unlimited joint and several liability of the members. • Each member can individually be held liable for the EEIG activities Dr Lars Karlsson, Nov 1999

  23. WHAT IS NOT SO GOOD? • Unlimited joint and several liability of the members. • Each member can individually be held liable for the EEIG activities • No funds from the public Dr Lars Karlsson, Nov 1999

  24. WHAT IS NOT SO GOOD? • Unlimited joint and several liability of the members. • Each member can individually be held liable for the EEIG activities • No funds from the public •No shares in another EEIG Dr Lars Karlsson, Nov 1999

  25. HOW IS AN EEIG STRUCTURED? Dr Lars Karlsson, Nov 1999

  26. HOW IS AN EEIG STRUCTURED? • An EEIG is set up in much the same way as a normal company Dr Lars Karlsson, Nov 1999

  27. HOW IS AN EEIG STRUCTURED? • An EEIG is set up in much the same way as a normal company • At least two bodies must request its formation. Dr Lars Karlsson, Nov 1999

  28. HOW IS AN EEIG STRUCTURED? • An EEIG is set up in much the same way as a normal company • At least two bodies must request its formation. • The members appoint managers to operate the EEIG on a day-to-day basis Dr Lars Karlsson, Nov 1999

  29. WHO MAY BE A MEMBER OF AN EEIG? Dr Lars Karlsson, Nov 1999

  30. WHO MAY BE A MEMBER OF AN EEIG? • Membership of an EEIG is open to most persons and organisations within the Community Dr Lars Karlsson, Nov 1999

  31. WHO MAY BE A MEMBER OF AN EEIG? • Membership of an EEIG is open to most persons and organisations within the Community • The members do not have to be a company. Dr Lars Karlsson, Nov 1999

  32. WHO MAY BE A MEMBER OF AN EEIG? • Membership of an EEIG is open to most persons and organisations within the Community • The members do not have to be a company. • The members should have been engaged in an "economic activity" in the EU before becoming a member of the EEIG. Dr Lars Karlsson, Nov 1999

  33. IS THERE A NATIONALITY REQUIREMENT? Dr Lars Karlsson, Nov 1999

  34. IS THERE A NATIONALITY REQUIREMENT? • An EEIG must have at least two members based in different EU Member States. Dr Lars Karlsson, Nov 1999

  35. IS THERE A NATIONALITY REQUIREMENT? • • An EEIG must have at least two members based in different EU Member States. • • Companies, firms and other legal bodies must • - have been formed according to the law of one of the Member States Dr Lars Karlsson, Nov 1999

  36. IS THERE A NATIONALITY REQUIREMENT? • • An EEIG must have at least two members based in different EU Member States. • • Companies, firms and other legal bodies must • - have been formed according to the law of one of the Member States • - have the central administration (i.e. place of central management and control) Dr Lars Karlsson, Nov 1999

  37. IS THERE A NATIONALITY REQUIREMENT? • • An EEIG must have at least two members based in different EU Member States. • • Companies, firms and other legal bodies must • - have been formed according to the law of one of the Member States • - have the central administration (i.e. place of central management and control) • - and their registered or statutory office - where this is required – within the EU Dr Lars Karlsson, Nov 1999

  38. IS THERE A NATIONALITY REQUIREMENT? • • Individuals may become members if they: • carry on a economic activity within the EU i.e. any industrial, commercial, craft or agricultural activity, or • provide professional or other services in the EU. Dr Lars Karlsson, Nov 1999

  39. IS THERE A NATIONALITY REQUIREMENT? • • Individuals may become members if they: • carry on a economic activity within the EU i.e. any industrial, commercial, craft or agricultural activity, or • provide professional or other services in the EU. • • Organisations from non-EU countries may not become members. Dr Lars Karlsson, Nov 1999

  40. THE ROLE OF THE MEMBERS Dr Lars Karlsson, Nov 1999

  41. THE ROLE OF THE MEMBERS • The members decide how the EEIG will be run. Dr Lars Karlsson, Nov 1999

  42. THE ROLE OF THE MEMBERS • The members decide how the EEIG will be run. • Each member has at least one vote. Dr Lars Karlsson, Nov 1999

  43. THE ROLE OF THE MEMBERS •The members decide how the EEIG will be run. • Each member has at least one vote. • The members are free to decide the voting procedures to be set down in the contract of formation except for certain exceptions Dr Lars Karlsson, Nov 1999

  44. THE ROLE OF THE MEMBERS • The members decide how the EEIG will be run. • Each member has at least one vote. • The members are free to decide the voting procedures to be set down in the contract of formation except for certain exceptions • An unanimous decision is required for fundamental decisions affecting the existence and operation of the EEIG Dr Lars Karlsson, Nov 1999

  45. THE ROLE OF THE MANAGERS? Dr Lars Karlsson, Nov 1999

  46. THE ROLE OF THE MANAGERS? • The members appoint at least one manager who runs the EEIG and makes normal daily decisions. Dr Lars Karlsson, Nov 1999

  47. THE ROLE OF THE MANAGERS? • The members appoint at least one manager who runs the EEIG and makes normal daily decisions. • The members decide the powers of the managers. Dr Lars Karlsson, Nov 1999

  48. THE ROLE OF THE MANAGERS? • The members appoint at least one managers who runs the EEIG and make normal daily decisions. • The members decide the powers of the managers. • The actions of the managers are binding on the EEIG and the members are jointly liable for those actions. Dr Lars Karlsson, Nov 1999

  49. HOW IS AN EEIG FUNDED? Dr Lars Karlsson, Nov 1999

  50. HOW IS AN EEIG FUNDED? • No formal capital requirements for an EEIG Dr Lars Karlsson, Nov 1999

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