The European Film Production Guide

Finance - Tax - Legislation France - Germany - Italy - Spain - UK

Arthur Andersen

• Publisher: Routledge
• Year: 2013
• Print ISBN: 9780415136655
• eBook ISBN: 9781136177286
• Edition: 1
• Topic: Social Sciences
• Subtopic: Media Studies
• Index: Social Sciences

The European Film Production Guide sets out in one comprehensive volume the major economic, financial and business considerations which independent producers need to bear in mind when making films in or with other countries within Europe. Arthur Andersen provides creative solutions for its clients through audit, tax, business advisory and speciality consulting services. Its professsionals combine extensive technical competence and industry experience with innovative and progressive thought, enabling Arthur Anderson to exceed client expectations.

1

Chapter

Incorporating a film company

Subject

General procedures for incorporating a company

General company registration procedures

Specific procedures for incorporating companies in Europe

Germany

France

Italy

United Kingdom

Spain

Exhibits

Structure of the deed of incorporation

Structure of company bylaws

Criteria for classifying companies by size

Summary of legal provisions governing the appropriation of profits to obligatory reserves

Other aspects of mercantile law companies

Most common type of company in each of the countries covered by the Reference Book

Basic mercantile legislation

Average office rents in the main cities

Subject

This chapter summarizes the main considerations to be borne in mind when incorporating a company to engage in film production.

Specifically, our analysis of procedures summarizes the following points:

1. The procedure for incorporating a company, giving particular attention to:

   a)	Ways of forming a company.
   b)	Procedure for subscribing a company’s capital stock.
   c)	Disbursement of subscribed contributions.
   d)	Basic documentation required to form a company (deed of incorporation and company bylaws).
   e)	Registration of corporate resolutions.
   f)	Liability of founders.

2. Procedure for publicly registering a company to be incorporated.
3. Structure and content of the most common clauses in the basic documents required to incorporate a company, specifically the following:

   a)	The company’s public deed of incorporation.
   b)	The company’s bylaws.

4. Approximate cost of incorporating a company in each country.
5. Various aspects of corporate operations in each country, concentrating particularly on such matters as distribution of profits, criteria for classifying companies by size, the most common corporate forms in each country, etc.
6. Main company law legislation in each of the countries analyzed in this Reference Book.
7. A listing of the main agencies which are generally involved in the incorporation process.

The chapter also includes a description of the various types of company permitted under company law legislation in each of the countries (corporations, limited liability companies, cooperatives, etc).

The incorporation procedures common to all eight countries are addressed in the section General procedures for incorporating a company.

However, there are many specific points to be borne in mind and requirements to be met when incorporating a company (minimum capital, minimum number of shareholders, etc.). These depend on the regulations governing corporate operations in the country of incorporation and are described in the section Specific procedures for incorporating companies in Europe.

General procedures for incorporating a company

The general procedures for incorporating a company are summarized below:

General aspects

General factors to be borne in mind prior to forming any type of company.

The main aspects to be taken into account are as follows:

• The company’s incorporation must be formalized in public deeds and documents.
• The documents setting out the incorporation agreement must be registered with the relevant public registers.
• The company acquires legal capacity upon incorporation in accordance with these requirements.

Formation

The shareholders or founders must firstly define the company’s corporate purpose and activity, and include this definition in the company’s bylaws.

The company acquires legal capacity upon formation.

The main ways of forming a company are:

Simultaneous formation

The founding shareholders directly subscribe the shares which represent capital stock at the time of incorporation. The deed of incorporation is executed at this time.

Simultaneous formation is the usual ...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Table of Contents
• Introduction
• Acknowledgements
• 1. Incorporating a film company
• 2. Disclosure requirements and presentation of results. Company accounting
• 3. Specific accounting aspects of the film industry
• 4. Tax aspects
• 5. Employment aspects
• 6. Contracts with the creative team and cast
• 7. Acquisition of rights to literary works
• 8. Summary of general aspects of film-industry financing by country
• 9. Sources of public-sector financing or the film industry. General aspects
• 10. Sources of public-sector financing for the development stage
• 11. Sources of public-sector financing for the production stage
• 12. Other aid for film production
• 13. Presentation of projects and agreements with potential private investors
• 14. Sources of bank financing for the film industry
• 15. International co-productions
• 16. Television. Types of financing and support to the nun industry
• 17. Other forms of film financing
• 18. Film distribution
• List of Arthur Andersen’s offices
• Index