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In focus: (Non-) Notification of SE registrations in EU Offical Journal

After collecting data on more than 2,000 SEs, registered between 2004 and 12 September 2013, we can now present reliable statistics on how many companies have not published the mandatory notice in the Supplement to the Official Journal of the European Union. According to our findings, 43 per cent of all registered SEs have not published a notice of registration. The data reveal that the notification procedure contained in the SE legislation has not passed the test of practice.

Apparently, it is not always clear who is responsible at national level for providing this information to the European level. There is therefore a clear need for clarification in this respect and for improving the exchange of information between business registries.

The statistics are based on data obtained from the ETUI's European Company Database, again showing that it is the only up-to-date and reliable EEA-wide source on SE registrations and SE data.Until such information is available at European level it will remain difficult and laborious to track and monitor SEs. This also represents an easy way to circumvent employees’ rights.

Table: Notification of SE registrations in Supplement of EU Official Journal1

Year

Number of SEs

Not published

Not published (%)

2004

7

0

0

2005

14

3

21,4

2006

32

9

28,4

2007

82

27

32,9

2008

164

84

51,2

2009

162

93

57,4

2010

204

76

37,3

2011

361

134

37,1

2012

565

248

43,9

2013 (Sept 12)

358

173

48,3

Total Active

1949

847

43,5

       

Transformed/ deregistered

54

15

27,8

Total

2003

862

43,0

The annual numbers stated in the upper part of table cover only active companies. Data on transformed or deregistered companies are stated separately but the low number of SEs in this category has little effect on the overall numbers.

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