January 5, 2019
As of the close of 2018, Serbia has now established its central register of ultimate beneficial owners. Henceforth, Serbian companies, institutions, as well as branches and representative offices established by foreign investors in Serbia are required to register their UBOs with the central register no later than 31 January 2019. The register has established an online portal in order to facilitate quick and efficient UBO registration. While disclosure is required, actual documentary support underlying UBO disclosure is not. Nevertheless, entities…
read more
December 15, 2018
In early November, the Austrian Data Protection Authority issued a directive that data processing operations in all cases requires a data protection impact assessment (DPIA). Under Europe’s new General Data Protection Regulation (GDPR), DPIA is required during data collection. The Austrian rule changes are bringing effect to GDPR into the national regime. Please note that failure to carry out a DPIA can result in fines up to EUR 10m or 2% of worldwide annual turnover. DPIA Examples Some examples include:…
read more
November 5, 2018
Just this past October, Government Emergency Ordinance GEO 8/2018 was published, which set out certain new amendments to Romania’s insolvency regime. The ordinance amends: (i) Law no. 85/2014, regarding Romania’s insolvency law itself; (ii) ordinance no. 2/2000 regarding judicial application; (iii) ordinance no. 90/2017 regarding fiscal budgetary matters; and (iv) ordinance no. 86/2006 regarding the insolvency practitioner profession. Essentially, GEO 88/2018 was adopted in order to improve mechanisms for the recover of state receivables from insolvent companies, and to take…
read more
October 10, 2018
On October 4, 2018, ESMA (the European Securities and Markets Authority) updated its view on the applicability Directive 2011/61/EU on alternative investment fund managers (AIFMs). The update provides guidance with respect to the cross-border management of alternative investment funds (AIFs), which have an umbrella structure with multiple compartments, or sub-funds, via the EU passport regime. Henceforth, AIFMs that wish to engage in cross-border management of AIFs must notify their respective national competent authority regarding the general umbrella fund as well as the names and…
read more
September 19, 2018
Recently in August, Germany moved forward with a proposal directed against VAT avoidance relating to supplies of goods with a German nexus over online marketplaces. The bills expected to pass parliament in late fall and become effective as of January 1, 2019. Key elements entail: operators of online marketplaces shall be obliged to fulfil new documentation duties regarding providers of goods; documentation requirements shall apply to any goods that touch Germany – if the shipment starts or ends in Germany;…
read more
September 8, 2018
With concerns over challenges posed by China, the US government recently introduced new measures designed to enact control over the transfer and use of US goods and technologies both in the US and abroad. Applicable to emerging market M&A and joint ventures, these new measures manifest as two new laws – The Foreign Investment Risk Modernization Act (FIRRMA) and the Export Control Reform Act (ECRA). FIRRMA clarifies and expands the authority of the Committee on Foreign Investment in the United…
read more