MStR Law | Michelis Strongylaki Reinhardt

Law 5221/2025 (Government Gazette 133A/28-07-2025,) is amending, among others, the Code of Civil Procedure and important articles of the Civil Code. The amendments to the Code of Civil Procedure (new Articles 807 para. 1, 808 and 808A), the Civil Code (Articles 1769, 1773 and 1778) and Legislative Decree 3082/1954 (Article 10), Government Gazette 257A, “on the publications of wills by notaries or consuls, etc.,” which concern the publication of wills and testaments and the declaration of a handwritten will as valid, shall enter into force on 1.11.2025, while the abolition of Articles 1770, 1771, 1772, 1774 and 1776 of the Civil Code concerning the above matters shall be effective from 1.1.2026. Thus, in the event of the testator’s death before 1.11.2025, the publication of wills and the issuance of certificates shall continue to be carried out by the Courts of First Instance. In the event of the testator’s death after 1.11.2025, the following shall apply: Competent for the publication of a testament is the Notary who drafted it or to whom it has been deposited or submitted, as well as, correspondingly, the Greek consular authorities (Art. 807 Code of Civil Procedure, 1769, 1773 Civil Code). The publication of a testament is effected by its entry, in its entirety, in the minutes drawn up and signed by the notary or the consul and the person who delivered it (in the case of a handwritten testament), a copy of which is entered in a special electronic platform for the publication of wills and testaments (“Register of Wills and Testaments”), the ownership, administration and management of which belongs to the notarial associations of the country (Art. 808 paras. 1,2 Code of Civil Procedure, 1769 para. 3, 1773 sec. d Civil Code). The originals of the testaments published, with their envelopes, shall be dated and signed by the notary or the consul and kept in their archive (Art. 808 para. 3 Code of Civil Procedure, 1769 para. 4, 1773 sec. c Civil Code). Copies of testaments and revocations of testaments, which have been published abroad, may be deposited with a Greek consular authority, and are sent to the Register of Wills and Testaments without delay, under the care of the consul who received them. The copies must be certified by the foreign authority that published the testament. If the testaments are drafted wholly or partly in a foreign language, there must be attached, upon their deposit, a translation into the Greek language of the foreign-language part, which is made by certified translators of the “Register of Certified Translators,” through the application “Certified Translators” of the Single Digital Portal “gov.gr,” a Greek consular authority, or a lawyer (Art. 808 para. 4 Code of Civil Procedure). The minutes of publication or refusal of publication of a testament by the notary or the consular authority may be challenged by opposition by any person having a legitimate interest before the single-member court of first instance of the place of residence or domicile of the deceased at the time of death, otherwise the single-member court of first instance of Athens (Art. 808 para. 6, 810 Code of Civil Procedure). Correspondingly, competent for declaring a published handwritten testament as valid is the notary who proceeded to its publication, and who is obliged to proceed to the declaration, by his act, provided that the applicant for the declaration appears before him through an attorney and with two (2) witnesses, who shall certify the authenticity of the handwriting and the signature of the testator, while in the case where, with the handwritten will, an exclusive heir is appointed who is not the spouse of the testator or a person with whom the testator has concluded a civil partnership or is not related to the testator by at least the fourth degree of kinship, the applicant for the declaration shall submit a handwriting expert’s report, in order to prove the authenticity of the handwriting and the signature of the testator. In this case, the minutes of publication shall be notified by the notary who proceeded to the declaration of the will as valid to the Greek State at the latest ten (10) days from the day following such declaration as valid (Art. 808A sec. a–d Code of Civil Procedure). For a testament published by a consular authority, competent to declare it valid is the notary who is designated through the Register of Wills and Testaments (Art. 808A sec. e Code of Civil Procedure).    

In accordance with Ministerial Decision (MD) 46982/2025 (Government Gazette 3542 B/ 08.07.2025), as from 01.01.2026, the penalties provided for in Article 50 of Law 4919/2022 concerning failure to comply with the provisions on publicity and registrations in the GEMI system will be implemented. The provisions of the above MD apply to all personal and capital companies, cooperatives, as well as branches and agencies of foreign companies, except for a) Limited Liability Social Association, b) Social Cooperative Enterprises, and c) Employees Associations. For companies under liquidation or special liquidation, the respective fine is reduced by half. More specifically, as of 01.01.2026, fines will be imposed by the competent GEMI Service for any violation of the obligations of publicity and correct and timely registration in GEMI. Based on the above Ministerial Decision, fines range from €50 to €100,000. The amount of the fine is determined on the basis of two criteria: first, the type and size of the entity, and second, the type of violation committed. The types of violations that incur a fine can be classified into the following eight (8) general categories: Violations regarding the correct, true and complete registration of information in the GEMI system upon the establishment of an entity, Art. 12 of Law 4919/2022 (€500 – €5,000). Failure to register the entity with the GEMI, Art. 16 of Law 4919/2022 (€1,000 – €10,000). Failure to include the required information in the corporate documents and letters, Art. 22 & 37 of Law 4919/2022 (€100 – €500). Delayed registration of acts that are subject to publicity with constitutive effect, e.g. amendment of articles of association, merger, division or conversion, dissolution, etc., Art. 25 of Law 4919/2022 (€100 – €500). Violations regarding the correct registration of information in the GEMI service in cases of automated registrations, i.e., without legality checks by GEMI, Art. 26 & 38 of Law 4919/2022 (€200 – €2,000). Failure to register publishable information and acts in the GEMI, Art. 30, 33, 34, 35, 39 & 43 of Law 4919/2022 (€200 – €2,000). Failure to submit financial statements within the applicable deadline (€1,000 – €100,000, which is threatened for companies listed on the Stock Exchange). Violations relating to the corporate name and trading title of an entity, Art. 54 of Law 4919/2022 (€200 – €2,000). The amount of the fine fluctuates depending on the legal type of the company, on the registration thereof to the GEMI Service of a Chamber or the central GEMI Service of the Ministry (i.e. the entities of ‘public interest’ of Art. 2 case l) of Law 4548/2018 and those licensed by the Hellenic Capital Market Commission), and, in addition, with regard to the above categories (v) – (viii), on the size of the company being classified as very small, small, medium or large based on Greek Accounting Standards (Law 4308/2014). Indicatively, the following information and acts are subject to publicity by registration to GEMI: the annual financial statements approved by the ordinary meeting and the election of auditors, amendments to the articles of association, including capital increases or reductions, the confirmation of payment of capital in case of SA and PC, the appointment and details of the members of the management (legal representatives), the details of the partners as well as their departure or entry into the company, the approval of transactions with related parties in the case of SA, the liquidation, dissolution, or transformation of a company, the change of registered office, the financial statements of the foreign company in the case of a branch, etc. How shall the violation be detected? a) Ex officio through the automatic checks of the system, b) ex officio upon a relevant control, c) following notification of the violation to GEMI by another public service or authority, d) following a random control, or e) following a complaint. The current framework provides initially for the notice to the liable persons to remedy the violation and, then, in case of non-timely compliance, for the notification of fine impose, granting a right to the liable persons to submit their opinions (prior hearing), within fifteen days of the relevant notification. The process at all stages is made digitally. If the fine is not paid timely (30 days), it is then assessed to and collected by the Independent Authority of Public Revenues. The amount of the fine is reduced by half if the liable person, within thirty (30) days of the date of notification of the fine, pays it and also remedies the respective violation. In the event of repetition of a violation within a period of three years, the amount of the fine imposed is doubled, while in the event of repeated violations within the same period, the amount of the fine is tripled. Finally, according to the above MD, information and acts that have not been registered may be submitted to GEMI until 31.12.2025, without the imposition of a fine. This note does not constitute a detailed presentation or interpretation of the legislative and regulatory framework, but aims to provide concise information on the new status, from 01.01.2026 onwards, that affects the daily operation of companies, in view of the activation of the mechanism for imposing fines for violations of the GEMI legislation based on Ministerial Decision 46982/2025. For any issues you may encounter or for further ad hoc information, it is recommended that you contact a legal advisor for appropriate guidance.  

The rise of remote work, especially after the Covid-19 pandemic, has highlighted the need for legislative flexibility and adaptation to the international practice of employees’ mobility and remote working by means of digital technologies, without restrictions on the employee’s place of residence. In this context, the Greek legal framework was reformed, initially by virtue of Law 4825/2021, and later by Law 5038/2023 (Immigration Code), enabling the issuance of a special entry visa for Digital Nomads (Visa D – Digital Nomads), which is valid for up to one year, and a residence permit (Residence Permit Type I.8.), which is valid for two years, with the possibility of renewal. More specifically, third-country nationals who wish to reside in Greece and work, either as self-employed professionals with economic activity abroad or under an employment or service contract with individuals or legal entities based outside Greece, by means of information and communication technologies, can apply for a Digital Nomad Visa and a Residence Permit, under the condition that they have sufficient financial resources of at least 3,500€ per month and full health insurance coverage. Additionally, the Law 5038/2023 enables holders of a Uniform Schengen Visa (Visa C), which permits a stay of up to 90 days within a 180-day period, to directly apply for a Digital Nomad Residence Permit, provided they meet the above-mentioned requirements. It is noted that a Digital Nomad Visa or Residence Permit does not grant to the holder the right to access the Greek labor market or engage in business activities in Greece, therefore, in such a case, the interested person shall assess the possibility to be subject to another type of residence permit. Having the right guidance and legal support, the transition process becomes simpler and more efficient. MStR Law, responding to the growing interest expressed by third-country nationals and remote workers in relocating to Greece, leverages its expertise and experience to support individuals seeking to obtain Digital Nomad residency status, provides the necessary legal services in matters of tax and labor law, as well as real estate rentals and acquisitions, ensuring compliance with applicable legal provisions and facilitating their establishment in Greece.