La digitalización de las sociedades en el derecho europeo: la Directiva 2019/1151 sobre la utilización de herramientas y procesos digitales

Resumo

This article focuses on the new European regulation as regards the use of digital tools and processes in company law established in Directive (EU) 2019/1151 and the great challenges that this will entail for the Spanish legislator. In order to facilitate the formation of companies and the registration of branches and to reduce the costs, time and administrative burdens associated with those processes, in particular by micro, small and medium-sized enterprises, it should be possible to form companies and to register branches fully online without a physical appearance before any authority or any submission of documents in paper format. However, in order to respect Member States» existing traditions regarding company law, the Directive allows flexibility as regards the manner in which they provide a fully online system for formation of companies, registration of branches and filing of documents and information, including in relation to the role of notaries or lawyers in any part of such online procedures.