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Regulatory competition between European company laws has become reality since the ECJ has opened the doors for free movement of companies under Art 43, 48 ECT. Several Member States have enacted reforms of their company laws since (e.g. France, Spain, Italy). In the UK, the Company Law Reform Draft Bill is on its way. Other states are still in the process of debate (Germany, Hungary). This article introduces the very advanced efforts of the Dutch legislator to modernise and simplify the law of private companies, following the proposals of an Expert Group chaired by the author.

Towards a Simpler and More Flexible Law of Private Companies: A New Approach and the Dutch Experience