Abstract

The article deals with the aspects of cross-border mergers and acquisitions of shareholding companies as provided for in the Slovak Commercial Code. Despite the fact that cross-border mergers are regulated in EU laws, primarily in Directive 2005/56/EC of the European Parliament and of the Council, Slovak legislation includes a number of solutions that are specific to the Slovak legislation only. It should be pointed out that the Slovak solution of a cross-border merger or a cross-border acquisition differs in some cases from the concept found in the Polish Commercial Companies Code.

The article outlines the issue of the exact manner of including cross-border mergers or cross-border acquisitions in the Slovak Commercial Code, the legal consequences of these transformations at the level of private and public law, and first of all legal succession. These concerns, which comprise complex problems, have been discussed briefly in this article. The current Slovak regulation of cross-border mergers and cross-border acquisitions is among the most comprehensive ones as regards Member States of European Union.