Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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GSK Stockmann & Kollegen has released an update explaining a case involving the VAT treatment of nonperforming loans that the German Federal Fiscal Court referred to the European Court of Justice.
- GSK Gassner Stockmann & Kollegen
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In a series of judgments the German courts have subjected directors of UK limited companies with 'centres of main interest' (COMI) in Germany to German insolvency law. In its judgment of September 24 2009 the Berlin Higher Regional Court held that the director of an UK limited liability company whose COMI is situated in Berlin was personally liable for payments made after the company has become insolvent or overindebted, as set out in Section 64, Paragraph 2 (now Paragraph 1) of the Act on Limited Liability Companies.
- GSK Gassner Stockmann & Kollegen
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The Law of Ukraine “On Personal Data Protection” (“Law”) comes into effect on 1 January 2011. The Law contains a number of important provisions regarding the protection of personal data (“PD”) being processed and concerns both individuals and legal entities. The Law provides general and specific requirements to companies processing their personal databases (“PDB”).
- Astapov Lawyers International Law Group
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The President of Ukraine has signed the Law On Public Private Partnership (PPP Law) which was adopted by the Parliament of Ukraine on July 1, 2010. The law enters into force in three months after its official publication.
- Astapov Lawyers International Law Group
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Within the course of ongoing judicial reform several important changes to litigation procedures in administrative courts became effective on 30 July 2010. Below we discuss impact of changes on tax litigation in administrative courts.
- Magisters
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The current turmoil in the investment fund industry has particularly drawn the attention of professionals, including "Directors", to the liabilities they may incur in the framework of their duties as director of an investment vehicle.
- Noble & Scheidecker
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On 19 July 2010 the UK Border Agency (UKBA) started to implement interim limits on non-EU economic migration under tiers 1 and 2 of the points based system. UKBA states that the aim of these measures is to achieve an overall reduction of 5% in the number of applicants in these categories compared to the equivalent period last year. This interim limit will run from 19 July 2010 to 31 March 2011. In April 2011 the Government intends to be in a position to implement new immigration policies following the current consultation exercise.
- Penningtons Solicitors LLP
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Mergers, consolidations and acquisitions are three means commonly used by businesses, among other things, to expand and increase their efficiency. They can also attract the attention of competition regulators, as these types of transactions can result in an increase of concentration in the relevant market, which may eventually result in the occurrence of monopolistic practices and/or unfair business competition, as defined by the relevant laws.
- Makarim & Taira S.
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Requirements and Procedures under the Arbitration Law
- Makarim & Taira S.
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In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.
- DLA Piper UK LLP
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