Directive 2019/1151 - Amendment of Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law - Main contents
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official title
Directive (EU) 2019/1151 of the European Parliament and of the Council of 20 June 2019 amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2019/1151 |
| Original proposal | COM(2018)239  |
| CELEX number i | 32019L1151 |
| Document | 20-06-2019; Date of signature |
|---|---|
| Publication in Official Journal | 11-07-2019; OJ L 186 p. 80-104 |
| Signature | 20-06-2019 |
| Effect | 31-07-2019; Entry into force Date pub. +20 See Art 4 |
| Deadline | 01-02-2021; See Art 2.3 31-07-2023; At the latest See Art 3.4 01-08-2024; Review At the latest See Art 3.1 01-08-2025; Review At the latest See Art 3.1 01-08-2026; Review At the latest See Art 3.1 |
| End of validity | 31-12-9999 |
| Transposition | 01-08-2021; Adoption See Art 2.1 01-08-2023; Adoption See Art 2.2 |
11.7.2019 |
EN |
Official Journal of the European Union |
L 186/80 |
DIRECTIVE (EU) 2019/1151 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 June 2019
amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 50(1) and points (b), (c), (f) and (g) of Article 50(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Directive (EU) 2017/1132 of the European Parliament and of the Council (3) lays down inter alia rules on disclosure and interconnection of central, commercial and companies registers of Member States. |
(2) |
The use of digital tools and processes to more easily, rapidly and time- and cost-effectively initiate economic activity by setting up a company or by opening a branch of that company in another Member State, and to provide comprehensive and accessible information on companies, is one of the prerequisites for the effective functioning, modernisation and administrative streamlining of a competitive internal market and for ensuring the competitiveness and trustworthiness of companies. |
(3) |
Ensuring that a legal and administrative environment equal to the new social and economic challenges of globalisation and digitalisation exists is essential, on the one hand, in order to provide the necessary safeguards against abuse and fraud and, on the other, in order to pursue objectives such as promotion of economic growth, creation of jobs and attracting investment to the Union, all of which would bring economic and social benefits to society as a whole. |
(4) |
There are currently significant differences between Member States when it comes to the availability of online tools enabling entrepreneurs and companies to communicate with authorities on matters of company law. eGovernment services vary between Member States. Some Member States provide comprehensive and user-friendly services entirely online, while others are unable to provide online solutions at certain major stages of a company’s lifecycle. For example, some Member States only allow the formation of companies, or the filing of changes to documents and information with the register, to be done in person, some allow those actions to be done either in person or online, and in other Member States they can only be done online. |
(5) |
Furthermore, regarding access to company information, Union law stipulates that a minimum set of data always has to be provided free of charge. However, the scope of such information remains limited. Access to such information varies, with more information being made available free of charge in some Member States than in others, thus causing an imbalance in the Union. |
(6) |
The Commission, in its Communication ‘A Digital Single Market Strategy for Europe’ and in its Communication ‘EU e-Government Action Plan 2016-2020: Accelerating the digital transformation of government’, stressed the role of public administrations in helping businesses to easily start their activities, operate online and expand across borders. The EU e-Government Action Plan specifically recognised the importance of improving the use of digital tools when complying with company law-related requirements. Furthermore, in the ‘Tallinn declaration on eGovernment’ of 6 October 2017, Member States made a strong call to step up efforts for the provision of efficient, user-centric electronic procedures in the... |
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