Members' Research Service By / July 5, 2024

Enhanced digital tools and processes in company law [EU Legislation in Progress]

As stated in the Commission communication on the 2030 Digital Compass, digitalisation constitutes a key source of prosperity, as it fosters innovation, business growth and job creation throughout the EU.

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Written by Costica Dumbrava with Hugo Carmona Bas (1st edition).

In March 2023, the European Commission presented a proposal for a directive to expand the use of digital tools and processes in EU company law. The directive would seek to facilitate companies’ cross-border activities by reducing bureaucracy and administrative burdens (such as when setting up subsidiaries and branches in another Member State), increase transparency and boost trust in the business environment across the EU. The proposal is expected to contribute to the creation of a more integrated and digitalised single market, reducing administrative costs for companies by up to €437 million per year.

The proposal falls under the ordinary procedure, where Parliament and the Council act as co‑legislators. In April 2024, Parliament adopted its position on first reading. The directive is subject to the corrigendum procedure and Parliament must approve the final text before formal adoption by the Council and publication in the Official Journal.

Complete version

Directive of the European Parliament and of the Council amending Directives 2009/102/EC and (EU)
2017/1132 as regards further expanding and upgrading the use of digital tools and processes in company law
Committee responsible:Legal Affairs (JURI)COM(2023) 0177
20.3.2023
Rapporteur:Emil Radev (EPP, Bulgaria)2023/0089(COD)
Shadow rapporteurs:Maria-Manuel Leitão-Marques (S&D, Portugal)
Angel Dzhambazki (ECR, Bulgaria)
Ordinary legislative
procedure (COD)
(Parliament and Council
on equal footing –
formerly ‘co-decision’)
Committee for opinion:Internal Market and Consumer Protection (IMCO)
Next steps expected: Final adoption
Stage: Voted in plenary

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