Legal knowledge portal Sharing legal knowledge together
This article is devoted to the new act of registry of contracts (Act No. 340/2015 Coll.), which became effective as of 1 July 2016. The Act establishes in the Czech Republic a registry of contracts, an informative system of the public administration that serves as a platform for publication of ... Read More »
Category Archives: Corporate law
Feed Subscription<
by: 
Foundation of a simple limited liability company according to the Czech law is now less costly
August 25, 2016
The simplification and reduction in the costs of establishment of a simple limited liability company brings us the novelization of the Czech Act No. 549/1991 Coll., on Court Fees (Act No. 161/2016 Coll.), which became effective as of 7 June 2016. Regarding the fact that a limited liability company is ... Read More »
GmbH or AG – what are the differences?
August 2, 2016
Many foreign entrepreneurs establish a subsidiary in Germany, frequently choosing a Kapitalgesellschaft (company) for liability and tax reasons. The most familiar forms of company in German law are the Aktiengesellschaft (AG), or public limited company and the Gesellschaft mit beschränkter Haftung (GmbH), or limited liability company. Both are autonomous legal ... Read More »
by: 
Levying prejudgment attachment in Germany – is it possible?
July 20, 2016
Prejudgment attachment plays a big role in Dutch debt collection practice. After obtaining leave, a prejudgment attachment can be levied on assets of the other party. The other party then loses its unfettered control over these assets. If the other party wishes to regain this control, a joint solution with ... Read More »
When does a TIC Agreement Create a Partnership?
July 18, 2016
IRS Provides Guidance for Taxpayers seeking to engage in 1031 Exchanges of Fractional Interests On May 27, 2016, the Internal Revenue Service (the “IRS”) released Private Letter Ruling 201622008 (the “PLR”) providing helpful guidance on when tenants-in-common (“TIC”) agreements may be construed as creating a partnership between co-owners. The letter ... Read More »
by:
Trading subsidiaries of charities and Gift Aid: A reminder
July 4, 2016
Many charities have subsidiaries which carry out trading activities in order to generate income which can then be applied to further the objects of the parent charity. There are a number of ways in which such income can be paid up to the parent charity and one frequently used route ... Read More »
-
by: Wedlake Bell
in Corporate law, United Kingdom
The Shareholder Spring – revisited
July 1, 2016
During the Shareholder Spring of 2012 shareholders won the argument that non-executive directors alone could be trusted to keep directors’ pay under appropriate scrutiny and control. Accordingly, the UK government took action and put in place a new remuneration reporting regime for listed companies (not including companies with securities admitted ... Read More »
-
by: Wedlake Bell
in Corporate law, United Kingdom
Online traders take note: the EU Commission’s online dispute resolution platform
June 21, 2016
Online dispute resolution platform Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes has directly applied in all EU Member States, including Germany, since January 2016. The Regulation applies only to online trade with consumers by companies headquartered in Europe (i.e. not in Switzerland, China or the USA). ... Read More »
Operating under the PSC Regime
June 7, 2016
Last year the new Part 21A was introduced into the Companies Act 2006, creating a new regime for almost all companies incorporated in any part of the UK to create and maintain a register of people with significant control (the PSC register regime). The first two important PSC register regime ... Read More »
-
by: Wedlake Bell
in Corporate law, United Kingdom
Can a judge (in interlocutory proceedings) forbid a party to terminate an agreement even though the contractual notice period has been observed?
June 2, 2016
After a general introduction, this post will discuss a ruling by the judge in interlocutory proceedings in Rotterdam of 30 March 2016 on a continuing performance contract to produce and deliver dry soups which are eventually intended to be passed on to Heinz (ECLI:NL:RBROT:2016:2467). The purchaser ‘Continental Foods Belgium’ terminated ... Read More »
Negotiated contract clause and General Terms and Conditions of Business
May 31, 2016
National legal systems routinely contain special provisions to be used for evaluating General Terms and Conditions of Business (GTC), and German law is no exception. Clauses that qualify as general terms and conditions of business are automatically subject to this rigorous scrutiny. If they do not withstand scrutiny, they are ... Read More »
New QFII Rules Promulgated
April 5, 2016
On 3 February 2016, the State Administration of Foreign Exchange of the People’s Republic of China (“SAFE”) promulgated the Administrative Provisions on Foreign Exchange for Domestic Securities Investments by Qualified Foreign Institutional... Read More »
by: 
Administrative Measures Issued Applicable to Foreign Investors in the Inspection and Authentication Business for Imported and Exported Commodities In China
April 5, 2016
On 26 January 2016, the General Administration of Quality Supervision, Inspection and Quarantine (“AQSIQ”) issued the Administrative Measures for Imported and Exported Commodities Inspection and Authentication Institutions (“Measures”), for implementation as of 1... Read More »
Warranty claims under German law on the sale of goods
March 31, 2016
As in Dutch law, German law on the sale of goods also requires the vendor to supply the purchaser with a fault-free item. If, however, the goods sold are defective, the statutory warranty clauses apply – unless General Terms and Conditions apply to the contractual relationship. However, we will not ... Read More »
China Launches Combined Business License – March 2016
March 31, 2016
In June 2015, China released guidelines on the reform of the Business License. The Business License will be replaced by an integrated Business License, which will combine the Organization Code Certificate, the Tax... Read More »