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Be careful with the registration of authorised representatives at the Chamber of Commerce using form 13

Be careful with the registration of authorised representatives at the Chamber of Commerce using form 13

The main rule with regard to a public limited liability company (N.V.) or private limited liability company (B.V.) is that the board is authorised to represent it; the representative power is in addition vested in the directors, individually or jointly. In addition to the directors, also holders of a power ... Read More »

The European passport for legal entities

The European passport for legal entities

Directive 2012/17/EU regulates the efforts to increase cross-border access to published data of companies. This means that the national trade registers of the Member States will in due course (after full implementation of this Directive) be interconnected. This interconnection via a central platform (the European e-Justice portal site) will make ... Read More »

Working while you sleep?

Working while you sleep?

Remuneration for on-call Services under the Provisions of the Minimum Wage Law. (Federal Labor Court, decision dated November 19, 2014 – 5 AZR 1101/12) The plaintiff was employed as a caretaker in one of the nursing homes run by the defendant. As well as nursing care, domestic care for patients ... Read More »

No Mora moratorium on drilling

No Mora moratorium on drilling

United States District Court Judge James Browning issued a lengthy opinion on January 19, 2015 invalidating Mora County’s “Community Rights and Local Self-Government Ordinance”, enacted by the County in 2013, that prohibited oil and gas development by corporations in the county.   See SWEPI, LP v. Mora County, 2015 U.S. Dist. ... Read More »

The Russian Judiciary (Chapter 3)

The Russian Judiciary (Chapter 3)

This is the third chapter from the ‘Awara Russian Tax Guide’ book written by Jon Hellevig, Anton Kabakov and Artem Usov and updated in 2015. The Russian judicial system is currently undergoing serious reform. The main reform is that the previously acting specialized court for commercial disputes (the Supreme Commercial ... Read More »

Employment relationship with agency despite a license for the supply of temporary workers of the contractor

Employment relationship with agency despite a license for the supply of temporary workers of the contractor

(Higher Labor Court Baden-Württemberg, decision dated December 3, 2014 – 4 Sa 41/14) The defendant agency GmbH has used the plaintiff continuously in the same department at the same jobsite since 2011. The plaintiff was not employed by the defendant, but by three successive third-party contractors. The use of the ... Read More »

Remember to properly document the holding of an annual general meeting of shareholders (owners) of your Russian firm

Remember to properly document the holding of an annual general meeting of shareholders (owners) of your Russian firm

This time of the year all Russian companies should hold annual shareholders meetings. Even when a formal meeting is not held it is important to make proper records and documentation of all shareholders’ decisions. Unfortunately, corporations frequently fail to pay enough attention to these issues which leads to unnecessary risks ... Read More »

Collective bargaining and public procurement laws in North Rhine-Westphalia

Collective bargaining and public procurement laws in North Rhine-Westphalia

New Requirements for the Public Procurement of Services in regards to Minimum Wage under Public Procurement Law (European Court of Justice, decision dated September 18, 2014, Az. C-549/13). Since being introduced in 2012 the “Law on Securing Collective Bargaining and Social Standards as well as Fair Competition in Public Procurement” ... Read More »

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