De overheidsonderneming : overheidsinvloed in kapitaalvennootschappen nader beschouwd

Abstract

Companies can provide services

that are of public interest. Although the primary responsibility of the

management of these companies lies with the company, the government may

want a say in these companies to safeguard public interests. This research focuses on the legal corporate instruments the Dutch government may apply to intervene in such private companies to safeguard public interests. The research concerns private companies in which government bodies have the possibility to a dominant level of influence the management of these companies that provide services with public interests: the Government Undertaking. The position of the State or other government authorities as shareholder, the relation between different private companies with public interests and also the relationship between different layers of government within the institutional set-up of these companies are being discussed by examining Dutch case studies on Government Undertakings (Nederlandse Spoorwegen, Luchthaven Schiphol and TenneT) and a study on comparable legal entities in German, Belgian, French and English company law, The book makes recommendations for the institutional set-up of the Government Undertaking and recommends the establishment of a new legal form to specifically house Government Undertakings