Transposition of Societas Europaea (SE) Legislation in Greece TRANSPOSITION_OF_SE_LEGISLATION_IN_GREECE.pdf 80,61 kB
The paper examines the transposition of the SE legislation in Greece. By Eleni Patra, PhD, MS in Industrial Relations and Human Resources, BS Economics, Researcher CIRN Athens University of Economics and Business (AUEB), Professor The American College of Greece, Mediator-Arbitrator Organization for Mediation and Arbitration (OMED).
1. Legal Framework in Greece
2. Reasons that triggered the transposition of the SE legislation into Greece
3. Special provisions of the Greek Law 3412/2005 concerning the SE
4. Special provisions of the Presidential Decree 91/2006 about the SE
5. Application of the SE legislation
The SE Regulation and Directive transposition process has reached its final stage in Greece. Last week (25 October 2005) the Greek Parliament adopted the Law which transposes the provisions of the SE Regulation. This was necessary in order first to provide the framework for the dualistic system of corporate governance (management board and separate supervisory board), and second to extend the application of national legislation on limited companies to the new SEs.more ...
One year after the March 2004 Greek general election and the change of government there have not been many significant developments or much progress concerning transposition of the SE Directive. Progress consists mainly in the formation of a working committee with the task of drafting the transposition text.
With a view to establishing what progress had been made and to elicit the government’s intentions on the issue a parliamentary question was submitted in late January by PASOK MP Mr Protopapas. The question was addressed to the Minister of Employment and referred to progress and plans to transpose the SE Directive.
The 7 March 2004 elections and the change of government led to a reorganisation of legislative work in the Greek parliament. Although some preparatory work had been done on transposition of the SE Regulation and Directive, the issue was given low priority and the official legislative process has not yet begun. It has become clear that transposition of the Regulation on the SE must take the form of a new law: a presidential decree will not suffice. The main reason for this is that it would also affect existing legislation on "limited companies", as governed by Law 2190 of 1920, a law that is clearly in need of modernisation.more ...