ro fr
universul juridic magazin
Revista Română de Drept Privat

The new regulation of the groups of companies under Czech law, a theme of reflection

From 1st of January 2014, a new legislative reform shall be implemented in the Czech Republic. The Law no. 89/2012 regarding the new Civil Code abrogates the Commercial Code, which shall be replaced by the Law no. 90/2012 on companies and cooperatives and the Law no. 91/2012 on private international law. We shall analyze the new legal regime of corporate groups, as provided under Title 9, Business groups, art. 71-91 of the Law no. 90/2012. There are several reasons for doing this analysis. Firstly, not only is the Czech Republic one of the very few countries which have a regulation of corporate groups, but now it is to adopt a new one, after only 12 years. Secondly, this is the most recent regulation, which means it has taken into account the latest information and trends in the matter of corporate groups, such as those mentioned in the Report of the Reflection Group on the future of the EU Company Law from 2011. Thirdly, as we shall see, the new legislation brings a new and modern approach on corporate groups. Lastly, as the Romanian legislator is considering to regulate the corporate groups at some moment in time, we consider that it isnot only useful, but also necessary to study the Czech model and, eventually, draw some conclusions at the national level.