First reports under DAC6 were due recently from those who are parties to a cross-border transactions. Concurrently, at the last possible moment, the Hungarian Ministry of Finance published a Guide on certain issues related to the fulfilment of the reporting obligation. It is advisable, in particular, for accountants, consultants, lawyers and banks to carefully study this 38-page document, as any of them could easily fall within the scope of the reporting obligation.
At the beginning of February 2021, a new decree of the Hungarian Minister of Finance (“Decree”) was published on the detailed rules of the execution of the Money Laundering Act for certain non-financial service providers and the development and the minimum requirements of the operation of the filtering system. The decree enters into force on 19 March 2021.
Allocation of liabilities between the parties in merger and acquisition (“M&A”) transactions is of utmost significance, in order to ensure that the buyer will be sufficiently protected, and the seller’s liabilities limited as much as possible. Under Turkish laws, the sellers` liabilities are subject to the provisions of the Turkish Code of Obligations No. 6908 (“TCO”). Having said this, Turkish laws are not designed to save commercial parties from a bad bargain, thus the parties often resort to adding certain clauses to their share purchase agreements (“SPA”) such as representations and warranties, indemnities, amount-based restrictions such as de minimis and baskets clauses, setting forth specific procedures and time limits for claims, and so on. Accordingly, this article aims to provide a general understanding as to the sellers’ liabilities in M&A transactions, the general liability provisions most commonly used in SPAs, and how they are dealt with under the Turkish laws.
In the last decade, the amount of minimum wage and the guaranteed minimum wage has been rising year by year. However, the process of determining the minimum wage in 2021 was different from previous years in two ways: firstly, the agreement on the wage, after 7 negotiation sessions, was not reached by the end of December 2020, therefore, after reaching agreement at the end of January 2021, the new minimum wage figures are in effect from 1 February 2021, and secondly, the increase was lower as seen before in the last years.
The crossroads upon which Serbia finds itself has always been a coveted trading route, and the cause of many conflicts throughout history. Being located at such an important junction, it is of the utmost importance to invest into a transportation network, to seek constant improvements in this field, and to keep up with modern European growth. The General Master Plan for Transport in Serbia was adopted in 2009. However, the original period the plan was designed to cover – until 2027 – has now been extended and divided into three phases: short term (2021), medium term (2027), and long term (2033). The General Master Plan still serves as the platform for both major future and ongoing transportation and transportation-related projects.
Although Romanian law established criminal liability of organisations in 2006, thus adopting a liability model very similar to that of France, Belgium and Portugal, there is still a lot of confusion when it comes to determining when an organisation is to be held criminally liable. From what we see in our day-to-day activity, the courts are still struggling to determine when offences committed by the management of an organisation can also trigger the criminal liability of the organisation itself.
In follow-up to our summary regarding the preliminary evaluation for the banks’ authorisation, as detailed in Regulation no. 12/2020 on the authorization of credit institutions and amendments pertaining to the same (“Regulation 12/2020”), and our summary regarding the information and documentation to be submitted by a bank in order to obtain authorisation from the National Bank of Romania (the “NBR”), we will highlight below the main amendments regarding banks that need to be approved by and registered by the NBR once the bank is authorised.
The President of the Czech Republic signed the Act on Foreign Investment (“FDI Act”), which will take effect as of May 1, 2021. The Act follows the EU legislative framework on the examination of selected foreign investments for security reasons given by the Regulation No. (EU) 2019/452. The FDI Act introduces the obligation for foreign investors from countries outside the EU, investing in strategic sectors of the Czech economy, to obtain prior clearance from the Ministry of Industry and Trade (the "Ministry").
What changes must employers expect with respect to employee alimentation, working from home, employee intragroup assignment, or employing teenagers before their completion of compulsory education? The latest amendment of the Slovak Labour Code introduces several changes, establishes a new ground for dismissal, and also significantly modifies the regulation of collective labour relations.
The Supreme Court of the Czech Republic recently issued a judgment under file no. 21 Cdo 4779/2018, in which it dealt with a situation where the employer withdrew from the non-compete clause agreed with its employee due to the fact that "it would not be proportionate or practical to enforce the agreed prohibition of competition against the employee due to the value of information and knowledge of work and technological procedures obtained by the employee in the course of employment with the employer". The said ground for withdrawal from the non-compete clause had been expressly agreed between the employer and the employee.
The book European Court Procedure – A Practical Guide (Bloomsbury-Hart, Oxford, 730 p.) has been written by professionals having a combined experience of 70 years as referendaires at the EU Courts or members of the European Commission Legal Service. It gives a detailed and practice-oriented overview of the whole spectrum of litigation procedure before the EU judiciary. It also presents the entire system of judicial avenues that enable litigants to enforce their rights under EU law against European institutions, Member States or private parties.
On the wave of the pandemic of the Covid-19 virus and electronic business, it turned out that 2020 was the key year for the issue of digitalization of assets and financial resources. Until then, the unregulated and mostly uneven actions of financial actors imposed as an imperative further digitalization and the necessity of monitoring and harmonizing global contemporary tendencies related to digital assets.
At the beginning of 2021, the Government of Ukraine published its decision No. 1581-p, dated 16 December 2020, on approval of the list of 102 investment projects prioritised by the State for 2021 – 2023 in such fields as culture and tourism, industry and manufacturing, energy, healthcare, transport, and sports. 76 out of 102 projects may be financed by investors, 47 of which – using a public-private partnership, including the concession framework.
Cybersecurity is at the forefront of the European Union (“EU”)’s efforts to build a resilient, green and digital Europe. In this respect, on December 16, 2020, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy presented the European Union’s new Cybersecurity Strategy for the Digital Decade (the “EU Cybersecurity Strategy”).