• NOR GVT requested input on group relations potential changes in Companies Act.

Overview

• Ministry of Industry wants to survey whether there is need for measures or changes for group relations in the Companies Act.
• Per feedback, public debate and criminal case that Supreme Court's appeals committee recently dealt with, it wishes to investigate if there is a need for measures.
• Or possible changes to shareholding regulation in group relations, asked for input on it.
• Letter has description of various conditions that may be relevant in design of input.
• The ministry drew attention to fact that submissions may be made public, published.
• Thus, it requested that the submissions do not contain confidential information.

Context

• Establishment and organization of business activities can be structured in several ways and the corporate organization is decided by the owners.
• With certain exceptions, no requirements as to whether company's combined operations are to be run in one company or shared by different companies in group.
• How one chooses to structure business, where assets etc. are placed however, has consequences for e.g. liability and capital flow.
• Businesses are often separated by being placed in separate companies that form part of a group, and which is subject to joint direct or indirect decisive influence.
• Many companies, other actors aware of effect of laying business in various companies.

Effectiveness

• Submissions by 1 November2023 sent to email provided, marked with case no. 23/4320