1. Who Should Make Corporate Law? EC Legislation versus Regulatory Competition
2. We use the term recognition to refer to a situation where the host Member State's legal system (i) treats the company in question as a legal entity, thereby accepting the legal status granted under the law of its formation, and (ii) accepts that the core arrangements of internal governance are also to be determined under that law.
3. art 293 TEC (ex art 220 EEC) stated that “Member States shall, in so far as necessary, engage in negotiations with each other with a view to ensuring for the benefit of their nationals … the mutual recognition of companies within the meaning of [what is now art 54(2) TFEU], the maintenance of their legal personality in cases where the registered office is transferred from one country to another, and the possibility for companies subject to the municipal law of different Member States to form mergers”.