CO SCI 136 Lecture Notes - Lecture 19: Legal Personality, Natural Person
Document Summary
Establishment concept: permanent or semi-permanent settlement of a person or a company for economic reasons. In return for remuneration paid to that person directly and in full. The company must have been formed in accordance with the law of the member state. Link is not of the nationality, whether the members of the company or firm, or the persons holding managerial or supervisory posts therein, or of the holders of the capital. Rights pertaining to the freedom of establishment: right of exit, entry and residence, natural persons, all eu citizens have the right of free movement within the union. The ms of origin is prohibited from hindering the establishment in another ms of one of its own national. Can rely directly on art 49: right to equal treatment, prohibition of discrimination (direct and indirect, natural person. Legal person: ms are allowed to treat, for taw purposes, resident and non-resident companies differently (fiscal principle of territoriality, non-discriminatory restrictions, natural persons.
