Die Gründung einer SE als Vorratsgesellschaft

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Abstract The work focuses on the main question of setting up a European Company as a shelf SE (having, by definition, no employees and no operational activity at the time of its incorporation). The possibility of setting up a shelf SE is not a bone of contention as such and is generally acknowledged. However, the impact of the shelf SE on the question of employee involvement is more controversial. This controversy can be summed up in two questions: “How is co-determination supposed to be negotiated if there are no employees?” and “If co-determination is not negotiated, is there a risk that it could be circumvented?” The work deals with the influence by the „economic re-establishment“ on corporate law and the employee involvement.

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