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Cuesta Law Office – Chambers Europe 2023 recognition in the field of tax law

The prestigious international independent professional legal research company Chambers Europe 2023 has recognized Cuesta Law Office for its high-quality work in the field of tax law.Individually, Cuesta attorney at law and partner Jaak Siim has also been recognized for outstanding results in the same field for several consecutive years. We thank our clients for their excellent cooperation and continued trust

Cyprus legislation

Did you know that the Cyprus legislation on trusts does not impose any restrictions on neither the appointment nor the powers of protectors? This is something which gives a great degree of flexibility to the settlors on the one hand to appoint whoever they trust on this position and on the other hand to grant such person any powers, which under all circumstances should be explicitly provided in the trust deed. Our firm can provide advice and assistance on a wide array of issues concerning Cyprus International Trusts, including the appointment of protectors as well as drafting of specialised trust deed provisions.

The cooperation breaks down after the conclusion of the agreement: what now?

When entering into an agreement, an attempt is usually made to record the rights and obligations of the parties as well and completely as possible. Even if the provisions of the agreement or the conclusion of the agreement itself have been thought through, it is natural that not everything goes as expected. What can you do then? Martijn van de Zand discusses the possibilities in the blog here.

Importance of Collection Strategy: Ensuring Judgement Collection

Knowing the available judgment collection methods is important when setting realistic expectations for a case. This is equally helpful for attorneys who regularly take contingency fee cases or operate with flexible billing arrangements. The collectability of a potential judgment determines whether a case is worth filing and the amount of resources that should be allocated to the matter. Understanding the available collection methods available to the plaintiff (and potential creditor) is pertinent to properly framing a case for collection.

Forewarned — armed

From January 5, 2023, the rules for maintaining military registration of conscripts, conscripts and reservists have been updated.Most of the rules governing the issues of record keeping existed in the previous edition. But there are certain changes, for example: Updating the rules of military registration at the enterprise. The head of the enterprise must carry out military registration or appoint a person responsible for this. Enterprises transfer data about employees once a year to law enforcement agencies.The procedure for military registration of women has been updated. Stricter rules have been established for registering women with a medical or pharmaceutical specialty. Therefore, the obligation to register concerns women – doctors and pharmacists. More changes can be found in the article by Yulia Liashko, a lawyer in the practice of Business Support

Firing and Re-Hiring

The government has published for consultation a draft Code of Practice, prepared by ACAS. What does this mean?

Estate planning

Capital gains tax rules are changing – now’s the time to revisit your will or #LPA. We take a look at what changes are on the way and why now is the time to plan ahead.

Did you know that now about 10% of LGBT people serve in the Armed Forces of Ukraine?

In a traditional marriage, a woman or man has the right to receive information about the partner’s stay or health. But in partnerships there are no such opportunities. So it’s almost impossible to get information about your partner’s condition or visit him in the hospital. To resolve these issues, lawyers have developed a partnership agreement. A special document that regulates relations between partners. Its purpose is to recreate the institution of marriage. Yulia Liashko, a lawyer of business support practice, told more on this topic. Link 📌

Cross-border mergers, also cross-border divisions and migrations.

From 1st February 2023, in addition to cross-border mergers, cross-border divisions and cross-border conversions (migrations) will be possible in- and outbound Estonia Starting from the next year February, EU companies can among other things migrate to another EU country without a liquidation. 07.December 2022, Estonian parliament adopted a law amending regulation on cross-border movements of EU companies. The law act transposes Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 (Directive). The purpose of the above is, inter alia, to enable companies to carry out, in addition to cross-border mergers, also cross-border divisions and migrations. In many European countries the regulation already exists. Notably, to conduct the cross-border movements, both legislatures, i.e of state of origin and destination, must allow relevant cross-border actions. For instance, migrations are now yet possible from and to Estonia, Austria, the Czech Republic, France, Germany, Ireland, Italy, Latvia, Liechtenstein, Luxembourg, the Netherlands, Poland, Spain and the United Kingdom. Notably, all EU countries must transpose Directive by 31 January 2023. Before amendment, there were cases in our practice, where Estonian company wanted to migrate itself from a public limited company into a company operating under the law of another EU state. In such a case, the business register has so far not satisfied the respective application, and the company had to go to court. It turned out to be practically impossible for companies to prepare correct documentation that could be acceptable by the commercial register and make an entry of cross-border migration in the commercial register. Since similar disputes in the past were complicated and it took years before a solution could be reached, this change is of the utmost importance and long-awaited.  Participation in cross-border mergers, divisions and migrations is possible only for private limited companies and public limited companies registered in the Estonian commercial register. In addition, the law provides that cross-border movements are prohibited both when a company is in liquidation and relevant distribution of assets has begun, and when rehabilitation or bankruptcy hasbeen initiated against company.  According to the new law, a number of cases are foreseen in which the registrar does not issue a required certificate, e.g. if the merger/division/migration does not comply with the applicable requirements, or if the cross-border movement is planned with the aim of circumventing company’s obligations etc. In addition, cross-border movement may also be rejected if it may pose a threat to Estonia’s security. Cuesta’s experts have a long-term hands-on experience in the number of processes of cross-border movements. So that the possible legal hurdles will be foreseen, evaded and relevant risks mitigated.

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