Brexit and corporate citizenship

Journal article

Abstract:: The UK’s recent vote for Brexit has sparked a fierce debate over the implications for the rights of EU citizens living in the UK and UK citizens living in the rest of the EU. So far, however, there has been relatively little discussion of the implications of Brexit for legal persons—that is, corporate citizens of the EU, which may also be profoundly affected by consequent changes. The ECJ’s 1999 decision in Centros made clear that the freedom of establishment protects the entitlement of corporate persons formed in one EU Member State to carry on their business in another Member State. Since then, many entrepreneurs in continental European countries have chosen to form companies in the UK, while still carrying on their business in their home country. What will the consequences of Brexit be for such companies?

Files:: Armour et al, Brexit and corporate citizenship.pdf

(Preview, Version of record, pdf, 638.9KB, Terms of use)

Keywords:: freedom of establishment

company law

conflict of laws

Centros

Societas Europaea

Brexit

real seat theory

cross-border mergers
Pubs id:: pubs:671674
UUID:: uuid:be9cbcc6-bede-47d7-b4c2-6d018a52782f
Local pid:: pubs:671674
Source identifiers:: 671674
Deposit date:: 2017-01-18

Copyright holder:: Armour et al
Notes:: © The Author(s) 2017 This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made.

If you are the owner of this record, you can report an update to it here: Report update to this record