Moving the centre of main interests (hereafter, ‘COMI’) from one Member State to another may have a significant impact on both the extent and the contents of the directors’ duties and liabilities, as well as on the enforcement of these duties. This situation could result in uncertainty for the creditors and the directors alike. In my view, these difficulties could be resolved by a minimum degree of harmonisation regarding the directors’ duties. The issue that I want to focus on refers to what could be the starting point for the common rules.
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