According to Turkish Commercial Code (“TCC”), some companies are defined as equity companies. Joint stock companies are one of these equity companies and are within the scope of "Principle of Maintenance of Share Capital" under TCC. The principle of maintenance of share capital requires full payment of the share capital value committed by the shareholders to the company and accordingly protecting the creditors of the company. In this context, considering that the shareholders already owe the capital payment to the joint stock company, this article will focus on how the shareholders may borrow money from the company and how the company may borrow money from the shareholder.
New Amendments and Procedures Introduced in the Field of Insolvency by Law No 216/2022
Law 216 of 14 July 2022 amends and supplements Law 85/2014 on insolvency prevention and insolvency proceedings and other legislation. The new law transposes the business prevention mechanisms introduced at European level by Directive 2019/1023.
Probationary Period and Discrimination in Light of Czech Case Law
It is common for employers and employees to agree on a probationary period in the employment contract. The employee can check whether the type of work, place of work and the wage or other working conditions suit them, while the employer can use the probationary period to assess whether the employee is meeting its expectations. During the probationary period, each party can decide whether they wish to remain in the employment relationship or to terminate it.
Romania: A Faster Transition to Renewable Energy – The Highest Priority of REPowerEU
REPowerEU is about rapidly reducing the EU’s dependence on Russian fossil fuels by fast-forwarding the clean transition and joining forces to achieve a more resilient energy system and a true Energy Union.
New Instruction for Detecting Bid Rigging in Public Procurement Procedures in Serbia
During the first half of 2022 the Commission for Protection of Competition of the Republic of Serbia ("Commission") has been very proactive with respect to prevention of competition infringements. As a result of these efforts, in May the Commission also adopted a new Instruction for detecting bid rigging in public procurement procedures ("Instruction") thereby updating the older version of the Instruction from 2011.
Legal Education Programme for Individuals Fleeing Ukraine in Romania: Fiscal Facilities Granted for Supporting Refugees and NGO Initiatives
Legislation provides for the following types of aid that may be granted to refugees by individuals or legal entities.
Legal Education Programme for Individuals Fleeing Ukraine in Romania: Living in Romania
While notoriously intimidating to navigate, even for locals, real estate usage and ownership is essential for the two most common basic needs and concerns of every person, housing and work. The Romanian real estate system is largely aligned and similar with that existing in most European countries, nonetheless there are certain regulatory or market driven particulars which are of interest when looking for housing, accommodation, as well as for a place of setting up business. The below aims to break down the basics and provide tips & tricks for newcomers so that their experience is as streamlined and positive as possible.
FDI Screening in Romania
This article provides an up-to-date overview of the currently existing FDI regimes in Romania.
Developers and Lenders: Check Your Project Permitting Status! Bucharest PUG Cancelled
Recently, the Bucharest Tribunal cancelled the general zoning plan (PUG) of Bucharest. This may have severe implications on new developments in Bucharest.
Draft Amendment to the Commercial Companies Code
On 8 August, the latest draft amendment to the Commercial Companies Code was published. The bill implements Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions.
Turkiye’s New Electronic Commerce Amendments: Compliance Steps to Follow
The Law No. 7416 on Amendment of the Law on Regulation of Electronic Commerce (“Amendment Law”), published in the Official Gazette of July 7, 2022[, introduces new obligations for e-commerce intermediary service providers and e-commerce service providers. Most of the provisions of the Amendment Law will enter into force on January 1, 2023 but the Amendment Law also stipulates different effective dates and transition periods for certain obligations. Amendment Law’s liability regime is tiered in line with the criteria of net transaction volumes and order numbers in a calendar year. E-commerce intermediary service providers and e-commerce service providers under this regime should follow certain compliance steps in due time.
CJEU Strikes Again, This Time Targeting Special Data
If one can indirectly deduce some sensitive characteristics about a person from some general categories of personal data that are being made available through publication, that personal data would qualify as special categories of personal data.
Hungarian Competition Authority to Propose Sustainable Product Routes and Boost Domestic Production in the Insulation Materials Market
In August 2022 the Hungarian Competition Authority (GVH) closed its accelerated sector inquiry into the market for insulation materials, providing recommendations to manufacturers, the public, waste management operators and the legislator, aiming for a decrease in product prices.
Compensation of Non-material Damage for the Violation of Personal Data
The Regional (Labour) Court in Schleswig-Holstein (Germany) has recently passed a judgement ordering the personal data controller to pay EUR 2,000 in compensation of non-material damage for the violation of personal data, as a result of publishing a promotional video featuring the employee without its informed and written consent.
The Central Bank of Hungary Suspended the Placement of Shares of a Public Limited Company
On 22 July 2022, the Central Bank of Hungary (MNB) suspended the placement of shares of FuturAqua Nyrt. (Issuer) to be issued in the course of the share capital increase and imposed a supervisory fine of HUF 5 million (~ EUR 12,500).
FDI Screening in Montenegro
Montenegro does not have a foreign investment screening regime comparable to those emerging now in European Union in light of the EU FDI Screening Regulation. It operates a sector-specific authorisation system covering the defence sector.
Corporate Proceeding Changes from 1 August 2022
The main amendments to the decree of the Ministry of Justice on certain aspects of the company registration procedure and the register of companies entered into force on 1 August 2022, while certain provisions enter into force on 1 September 2022. The new rules became necessary to comply with Directive (EU) 2017/1132 of the European Parliament and of the Council.
Romania – Trade Registry and Companies Law Updates
On July 26, 2022, Law no. 265/2022 regarding the Trade Registry and for amending and supplementing certain legal enactments impacting the registration in the Trade Registry has been published in the Official Gazette of Romania (“Law 265/2022”).