Company’s Right to Choose Its Nationality (With Analysis on the Case of Centros Limited V Erhvervsog Selskabsstyrelsen (1999) Ecr I-1459)

Abstract

This paper examines the reasons for choosing the nationality of a company. i.e. where the company will be incorporated. There are various reasons for choosing a particular country to incorporate. Some of the reasons are due to favourable incorporation laws, other reasons are taxation, among others. The practicality of these will be looked into to give insight vis-à-vis laws and regulations and the reality that exist by looking at decisions of courts in situations where ‘critics’ were of the opinion that the nationality of a company was used as a tool to circumvent laws and regulations.