Die EU-Kommission hat heute die externe Studie über die grundsätzliche Reform der 2. gesellschaftsrechtlichen Richtlinie (Kapital-RL) veröffentlicht, welche von der KPMG gefertigt worden war. Danach sieht es so aus, als ob eine weitere Revision der Kapital-RL vom Tisch ist.
Die Generaldirektion Binnenmarkt der Kommission nimmt dazu Stellung wie folgt:
„In the light of the conclusions of the external study, the view of DG Internal Market and Services is that the current capital maintenance regime under the Second Company Law Directive does not seem to cause significant operational problems for companies. Therefore no follow-up measures or changes to the Second Company law Directive are foreseen in the immediate future.
From the results of the study it emerges that the 2nd Company Law Directive is a flexible instrument insofar as it requires a limited (almost symbolic) amount of legal capital and allows Member States to impose higher capital requirements if they so wish. Moreover, under the Second Company Law Directive, Member States remain free to require or allow companies to prepare individual IFRS-based accounts for dividend distributions purposes. The Second Company Law Directive already allows Member States to introduce de facto no-par value shares; its requirement for an expert evaluation of contributions in kind has recently been significantly simplified and its limitations to share buy backs significantly liberalized. Moreover, the Second Company Law Directive already allows Member States to adopt some of the solvency-based systems existing outside the EU as well as some of the alternative proposals for reform, except the possibility to distribute profits in the presence of a negative balance sheet. Finally, it appears from the study that the compliance costs of the 2nd Directive are rather limited, and not higher than those required by the alternative regimes outside the EU.”