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EEIG European Economic Interest Groupings Mondorf-les-Bains, Luxembourg, 18th November 1999 Dr Lars Karlsson Hippopotamos Education Vienna and Lund University.

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Presentation on theme: "EEIG European Economic Interest Groupings Mondorf-les-Bains, Luxembourg, 18th November 1999 Dr Lars Karlsson Hippopotamos Education Vienna and Lund University."— Presentation transcript:

1 EEIG European Economic Interest Groupings Mondorf-les-Bains, Luxembourg, 18th November 1999 Dr Lars Karlsson Hippopotamos Education Vienna and Lund University

2 Dr Lars Karlsson, Nov 1999 WHAT IS THE EEIG?

3 Dr Lars Karlsson, Nov 1999 WHAT IS THE EEIG? The EEIG is: the only legal vehicle for co-operation, directly connected with the Community system,

4 Dr Lars Karlsson, Nov 1999 WHAT IS THE EEIG? The EEIG is: the only legal vehicle for co-operation, directly connected with the Community system, the first attempt by the EU towards an EU company (but it is not a company)

5 Dr Lars Karlsson, Nov 1999 WHAT IS THE EEIG? The EEIG is: the only legal vehicle for co-operation, directly connected with the Community system, the first attempt by the EU towards an EU company (but it is not a company) a key element in European co-operation, particularly for SMEs wishing to participate in European-scale projects. (app groupings in a wide range of sectors)

6 Dr Lars Karlsson, Nov 1999 WHAT CAN EEIG DO?

7 Dr Lars Karlsson, Nov 1999 WHAT CAN EEIG DO? An EEIG can do most things related to the economic activity of its members

8 Dr Lars Karlsson, Nov 1999 WHAT CAN EEIG DO? An EEIG can do most things related to the economic activity of its members It must though be ancillary to the economic activity of its members

9 Dr Lars Karlsson, Nov 1999 WHAT CAN EEIG DO? An EEIG can do most things related to the economic activity of its members It must though be ancillary to the economic activity of its members The concept of "economic activity" is very flexible

10 Dr Lars Karlsson, Nov 1999 WHAT CAN AN EEIG NOT DO?

11 Dr Lars Karlsson, Nov 1999 WHAT CAN AN EEIG NOT DO? An EEIG cannot: hold shares in any of its members

12 Dr Lars Karlsson, Nov 1999 WHAT CAN AN EEIG NOT DO? An EEIG cannot: hold shares in any of its members be a member of another EEIG

13 Dr Lars Karlsson, Nov 1999 WHAT CAN AN EEIG NOT DO? An EEIG cannot: hold shares in any of its members be a member of another EEIG employ more than 500 persons

14 Dr Lars Karlsson, Nov 1999 WHAT CAN AN EEIG NOT DO? An EEIG cannot: hold shares in any of its members be a member of another EEIG employ more than 500 persons be used to make loans to a company director or any person connected with him where that would be restricted or controlled by national law

15 Dr Lars Karlsson, Nov 1999 WHAT ARE THE ADVANTAGES OF AN EEIG?

16 Dr Lars Karlsson, Nov 1999 WHAT ARE THE ADVANTAGES OF AN EEIG? Legal capacity

17 Dr Lars Karlsson, Nov 1999 WHAT ARE THE ADVANTAGES OF AN EEIG? Legal capacity Right to conclude contracts and take legal actions

18 Dr Lars Karlsson, Nov 1999 WHAT ARE THE ADVANTAGES OF AN EEIG? Legal capacity Right to conclude contracts and take legal actions Tax transparency

19 Dr Lars Karlsson, Nov 1999 WHAT ARE THE ADVANTAGES OF AN EEIG? Legal capacity Right to conclude contracts and take legal actions Tax transparency Flexibility regarding the method of financing

20 Dr Lars Karlsson, Nov 1999 WHAT IS NOT SO GOOD?

21 Dr Lars Karlsson, Nov 1999 WHAT IS NOT SO GOOD? Unlimited joint and several liability of the members.

22 Dr Lars Karlsson, Nov 1999 WHAT IS NOT SO GOOD? Unlimited joint and several liability of the members. Each member can individually be held liable for the EEIG activities

23 Dr Lars Karlsson, Nov 1999 WHAT IS NOT SO GOOD? Unlimited joint and several liability of the members. Each member can individually be held liable for the EEIG activities No funds from the public

24 Dr Lars Karlsson, Nov 1999 WHAT IS NOT SO GOOD? Unlimited joint and several liability of the members. Each member can individually be held liable for the EEIG activities No funds from the public No shares in another EEIG

25 Dr Lars Karlsson, Nov 1999 HOW IS AN EEIG STRUCTURED?

26 Dr Lars Karlsson, Nov 1999 HOW IS AN EEIG STRUCTURED? An EEIG is set up in much the same way as a normal company

27 Dr Lars Karlsson, Nov 1999 HOW IS AN EEIG STRUCTURED? An EEIG is set up in much the same way as a normal company At least two bodies must request its formation.

28 Dr Lars Karlsson, Nov 1999 HOW IS AN EEIG STRUCTURED? An EEIG is set up in much the same way as a normal company At least two bodies must request its formation. The members appoint managers to operate the EEIG on a day-to-day basis

29 Dr Lars Karlsson, Nov 1999 WHO MAY BE A MEMBER OF AN EEIG?

30 Dr Lars Karlsson, Nov 1999 WHO MAY BE A MEMBER OF AN EEIG? Membership of an EEIG is open to most persons and organisations within the Community

31 Dr Lars Karlsson, Nov 1999 WHO MAY BE A MEMBER OF AN EEIG? Membership of an EEIG is open to most persons and organisations within the Community The members do not have to be a company.

32 Dr Lars Karlsson, Nov 1999 WHO MAY BE A MEMBER OF AN EEIG? Membership of an EEIG is open to most persons and organisations within the Community The members do not have to be a company. The members should have been engaged in an "economic activity" in the EU before becoming a member of the EEIG.

33 Dr Lars Karlsson, Nov 1999 IS THERE A NATIONALITY REQUIREMENT?

34 Dr Lars Karlsson, Nov 1999 IS THERE A NATIONALITY REQUIREMENT? An EEIG must have at least two members based in different EU Member States.

35 Dr Lars Karlsson, Nov 1999 IS THERE A NATIONALITY REQUIREMENT? An EEIG must have at least two members based in different EU Member States. Companies, firms and other legal bodies must - have been formed according to the law of one of the Member States

36 Dr Lars Karlsson, Nov 1999 IS THERE A NATIONALITY REQUIREMENT? An EEIG must have at least two members based in different EU Member States. Companies, firms and other legal bodies must - have been formed according to the law of one of the Member States - have the central administration (i.e. place of central management and control)

37 Dr Lars Karlsson, Nov 1999 IS THERE A NATIONALITY REQUIREMENT? An EEIG must have at least two members based in different EU Member States. Companies, firms and other legal bodies must - have been formed according to the law of one of the Member States - have the central administration (i.e. place of central management and control) - and their registered or statutory office - where this is required – within the EU

38 Dr Lars Karlsson, Nov 1999 IS THERE A NATIONALITY REQUIREMENT? Individuals may become members if they: carry on a economic activity within the EU i.e. any industrial, commercial, craft or agricultural activity, or provide professional or other services in the EU.

39 Dr Lars Karlsson, Nov 1999 IS THERE A NATIONALITY REQUIREMENT? Individuals may become members if they: carry on a economic activity within the EU i.e. any industrial, commercial, craft or agricultural activity, or provide professional or other services in the EU. Organisations from non-EU countries may not become members.

40 Dr Lars Karlsson, Nov 1999 THE ROLE OF THE MEMBERS

41 Dr Lars Karlsson, Nov 1999 THE ROLE OF THE MEMBERS The members decide how the EEIG will be run.

42 Dr Lars Karlsson, Nov 1999 THE ROLE OF THE MEMBERS The members decide how the EEIG will be run. Each member has at least one vote.

43 Dr Lars Karlsson, Nov 1999 THE ROLE OF THE MEMBERS The members decide how the EEIG will be run. Each member has at least one vote. The members are free to decide the voting procedures to be set down in the contract of formation except for certain exceptions

44 Dr Lars Karlsson, Nov 1999 THE ROLE OF THE MEMBERS The members decide how the EEIG will be run. Each member has at least one vote. The members are free to decide the voting procedures to be set down in the contract of formation except for certain exceptions An unanimous decision is required for fundamental decisions affecting the existence and operation of the EEIG

45 Dr Lars Karlsson, Nov 1999 THE ROLE OF THE MANAGERS?

46 Dr Lars Karlsson, Nov 1999 THE ROLE OF THE MANAGERS? The members appoint at least one manager who runs the EEIG and makes normal daily decisions.

47 Dr Lars Karlsson, Nov 1999 THE ROLE OF THE MANAGERS? The members appoint at least one manager who runs the EEIG and makes normal daily decisions. The members decide the powers of the managers.

48 Dr Lars Karlsson, Nov 1999 THE ROLE OF THE MANAGERS? The members appoint at least one managers who runs the EEIG and make normal daily decisions. The members decide the powers of the managers. The actions of the managers are binding on the EEIG and the members are jointly liable for those actions.

49 Dr Lars Karlsson, Nov 1999 HOW IS AN EEIG FUNDED?

50 Dr Lars Karlsson, Nov 1999 HOW IS AN EEIG FUNDED? No formal capital requirements for an EEIG

51 Dr Lars Karlsson, Nov 1999 HOW IS AN EEIG FUNDED? No formal capital requirements for an EEIG Contribution may also be in services and skills

52 Dr Lars Karlsson, Nov 1999 HOW IS AN EEIG FUNDED? No formal capital requirements for an EEIG Contribution may also be in services and skills EEIGs may not seek investment from the public

53 Dr Lars Karlsson, Nov 1999 WHAT TAXATION RULES APPLY TO EEIGS?

54 Dr Lars Karlsson, Nov 1999 WHAT TAXATION RULES APPLY TO EEIGS? Fiscal transparency: Profits, losses or gains are shared between the members according to their shares.

55 Dr Lars Karlsson, Nov 1999 WHAT TAXATION RULES APPLY TO EEIGS? Fiscal transparency: Profits, losses or gains are shared between the members according to their shares. The members are taxed for these in the normal way according to the national rules and laws.

56 Dr Lars Karlsson, Nov 1999 WHAT TAXATION RULES APPLY TO EEIGS? Fiscal transparency: Profits, losses or gains are shared between the members according to their shares. The members are taxed for these in the normal way according to the national rules and laws. The EEIG must register for VAT if passing the registration limits

57 Dr Lars Karlsson, Nov 1999 NATIONAL LEGAL PROVISIONS

58 Dr Lars Karlsson, Nov 1999 NATIONAL LEGAL PROVISIONS The EU regulation requires or permits Member States to make certain provisions for EEIGs under national law. As a result there are some differences in the implementing legislation in areas such as:

59 Dr Lars Karlsson, Nov 1999 NATIONAL LEGAL PROVISIONS The EU regulation requires or permits Member States to make certain provisions for EEIGs under national law. As a result there are some differences in implementing legislation in areas such as: legal capacity the managers and auditing requirements.

60 Dr Lars Karlsson, Nov 1999 ANNUAL ACCOUNTS IN EURO

61 Dr Lars Karlsson, Nov 1999 ANNUAL ACCOUNTS IN EURO It has been recommended that, parallel to the official accounts, kept in the currency of the country of residence of the EEIG, the EEIG ’ s accounts and financial reports should be drawn up in EURO.

62 Dr Lars Karlsson, Nov 1999 REGISTRATION OF AN EEIG

63 Dr Lars Karlsson, Nov 1999 REGISTRATION OF AN EEIG An EEIG must be registered in one of the EU Member States.

64 Dr Lars Karlsson, Nov 1999 REGISTRATION OF AN EEIG An EEIG must be registered in one of the EU Member States. The Grouping's official address will determine in which State this will be. This official address must be either where:

65 Dr Lars Karlsson, Nov 1999 REGISTRATION OF AN EEIG An EEIG must be registered in one of the EU Member States. The Grouping's official address will determine in which State this will be. This official address must be either where: the EEIG has its central administration, or one of its members has its central administration, provided that the EEIG carries on an activity there.

66 Dr Lars Karlsson, Nov 1999 PUBLICITY

67 Dr Lars Karlsson, Nov 1999 PUBLICITY The establishment and ending of an EEIG must be advertised in the official journal of the country where it is registered and in the Official Journal of the European Communities

68 Dr Lars Karlsson, Nov 1999 WHAT NAME CAN THE GROUPINGS BE GIVEN?

69 Dr Lars Karlsson, Nov 1999 WHAT NAME CAN THE GROUPINGS BE GIVEN? The name of an EEIGs must include either "European Economic Interest Grouping" or "EEIG" in their name.

70 Dr Lars Karlsson, Nov 1999 THE EEIG FORMATION CONTRACT MUST INCLUDE

71 Dr Lars Karlsson, Nov 1999 THE EEIG FORMATION CONTRACT MUST INCLUDE The full name and official address of the grouping

72 Dr Lars Karlsson, Nov 1999 THE EEIG FORMATION CONTRACT MUST INCLUDE The full name and official address of the grouping The objectives for which the grouping was formed;

73 Dr Lars Karlsson, Nov 1999 THE EEIG FORMATION CONTRACT MUST INCLUDE The full name and official address of the grouping The objectives for which the grouping was formed; The details of each member: name/business names/legal form,, permanent address or also registered office, number, and place of registration (if any)

74 Dr Lars Karlsson, Nov 1999 THE EEIG FORMATION CONTRACT MUST INCLUDE The full name and official address of the grouping The objectives for which the grouping was formed; The details of each member: name/business names/legal form,, permanent address or also registered office, number, and place of registration (if any) The duration of the EEIG, if this is limited.

75 Dr Lars Karlsson, Nov 1999 THE REGIE NETWORK: EUROPEAN NETWORK OF EEIGS The objectives of the REGIE initiative are to: provide a genuine information service, in particular for SMEs, by answering practical questions about the setting up and development of EEIGs

76 Dr Lars Karlsson, Nov 1999 THE REGIE NETWORK: EUROPEAN NETWORK OF EEIGS The objectives of the REGIE initiative are to: provide a genuine information service, in particular for SMEs, by answering practical questions about the setting up and development of EEIGs draw up a review of different EEIG practices and methods of use

77 Dr Lars Karlsson, Nov 1999 THE REGIE NETWORK: EUROPEAN NETWORK OF EEIGS organise a regular conference for EEIGs and all other persons interested in this co-operation instrument

78 Dr Lars Karlsson, Nov 1999 THE REGIE NETWORK: EUROPEAN NETWORK OF EEIGS organise a regular conference for EEIGs and all other persons interested in this cooperation instrument maintain the REGIE database which surveys all EEIGs whose formation has been published in the Official Journal of the European Communities.

79 Dr Lars Karlsson, Nov 1999 HOW TO CONTACT REGIE Since there is no direct access to the REGIE database, any person interested is invited to contact: European Commission Mr R. Schulte-Braucks Head of Unit DG XXIII/A/1 rue de la Loi AN 80 03/76 B-1049 Bruxelles Fax: An Internet presentation of the REGIE initiative can be accessed at the following address:

80 Dr Lars Karlsson, Nov 1999 EC Services and Support networks – Interesting Sites Innovation support networks smes/src/suppnet.htm SME network of National Contact Points Innovation-SMEs Contacts smes/src/contact.htm Innovation Relay Centres smes/src/suppnet.htm

81 Dr Lars Karlsson, Nov 1999 EC Services and Support networks – Interesting Sites (2) Technology implementation plans Sustainable Growth National contact points The IPR help desk en/home.html smes/src/suppnet.htm

82 Dr Lars Karlsson, Nov 1999 EC Services and Support networks – Interesting Sites (3) "Financing Innovation" The schemes for rating technological risk EC-supported venture capital and other financing schemes The LIFT scheme for free advice on business opportunities and business plans

83 Dr Lars Karlsson, Nov 1999 EC Services and Support networks – Interesting Sites (4) "e-gateway" An e-commerce awareness site, where you can register your ecommerce product/solution free

84 Dr Lars Karlsson, Nov 1999 EC Services and Support networks – Interesting Sites (5) "e-gateway" An e-commerce awareness site, where you can register your ecommerce product/solution free

85 Dr Lars Karlsson, Nov 1999 EC Services and Support networks – Interesting Sites (6) Prosoma, where they promote IST research results to potential partners/exploiters

86 Dr Lars Karlsson, Nov 1999 EC Services and Support networks – Interesting Sites (7) Dialogue with Business Euro Info Centres (EICs) n/advice/eics/index.html

87 Dr Lars Karlsson, Nov 1999 EC Services and Support networks – Interesting Sites (8) Enterprise Policy, Distributive Trades, Tourism and Social Economy int/comm/dg23 Business Co-operation Network (business planning, strategic advice on likelihood of international success, profiling, partner search ion/cooper_net/bc-net.html BRE: Bureau de Rapprochement des Entreprises (announces opportunities to interested parties) ion/cooper_net/bre.html

88 Dr Lars Karlsson, Nov 1999 EC Services and Support networks – Interesting Sites (9) /midas MidasNet (multimedia information, demonstration and support network)

89 Dr Lars Karlsson, Nov 1999 EC Services and Support networks – Interesting Sites (10) ENTERWeb The Enterprise Development Website

90 Dr Lars Karlsson, Nov 1999 EC Services and Support networks – Interesting Sites (11) heritage.html The Cambridge Management Group site for information on European funding for cultural heritage

91 Dr Lars Karlsson, Nov 1999


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