MBOs/MBIs & Private Equity

Recent Articles

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  22.04.2022

  China

  Do Chinese sub­si­di­ar­ies of EU share­hold­ers and EU na­tion­als in China have to com­ply with EU sanc­tions on Rus­sia?

  Recently the EU imposed additional sanctions on Russia and Russian companies and individuals. For foreign invested enterprises with EU shareholders and EU nationals in China, the questions arises whether they must comply with these regulations when doing business with Russian business partners from China. According to the answers provided by the EU Commission in their FAQs, the following applies: In principle, EU sanctions do not apply extra-territorially. In accordance with Article 13 of COUNCIL REGULATION (EU) No 833/2014 (the "Regulation"), the Regulation applies: within the territory of the...

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  28.03.2022

  Italy

  Itali­an court re­cog­nises ret­ro­act­ive ex­emp­tion on di­vidends to for­eign in­vest­ment funds

  In judgment No. 49/2022, the first instance Court of Pescara recognised that distribution of dividends from a resident company to a non-resident fund must be granted with an exemption regime from the Italian taxation authority. In particular, the decision of the Tax Court is based on recognition that in the years 2014, 2015 and 2016, subject to judgment, the Italian taxation regime for foreign funds was in contrast with the principles of free movement of capital (provided for by articles 63 and 49 of the TFEU), chiefly because exemption was granted only for receiving resident funds. On 1 January...

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  22.03.2022

  China

  SPC Is­sues Ju­di­cial In­ter­pret­a­tion on Sev­er­al Is­sues Con­cern­ing the Ap­plic­a­tion of the Gen­er­al Part of the PRC Civil Code

  On 24 February 2022, the Supreme People's Court (“SPC”) of the People’s Republic of China (“PRC”) promulgated the Interpretation on Several Issues Concerning the Application of the General Part of the PRC Civil Code (the “Interpretation”). The Interpretation entered into effect on 1 March 2022, and consists of 9 parts and 39 Articles in total. The Interpretation contains interpretations and explanations of the SPC on Book One, i.e. General Part, of the PRC Civil Code, which is the first combined codification of the civil law in the PRC, and which had entered...

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  15.03.2022

  China

  New Ju­di­cial In­ter­pret­a­tion Strengthens Pro­tec­tion of On­line Con­sumers

  The Provisions on Several Issues Concerning the Application of Law in Hearing Cases Involving Online Consumer Disputes (I) (the “Provisions”), promulgated by the Supreme People’s Court, come into force on 15 March 2022, the World Consumer Rights Day. Focusing on the new legal issues emerging in the e-commerce industry, the Provisions have regulated the rights and obligations of online consumption contracts, civil liabilities in livestreaming marketing, civil liabilities in takeaway catering, and other aspects. The key points included in the Provisions are as follows: 1. Invalidity...

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  27.02.2022

  International - Russia

  Hand­ling the new EU and UK sanc­tions against Rus­sia

  Since 2014, the EU and the UK have progressively imposed sanctions on Russia in response to the crisis in Ukraine. Following the latest events, both the EU and the UK, as well as many other countries, have imposed new sanctions. This article provides you with an overview of the most important changes. Read the full publication here >>

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  25.01.2022

  CEE

  Re­ima­gin­ing CEE: EU Tax­onomy re­port­ing has be­gun for banks and busi­nesses – what should we ex­pect?

  PL

  Welcome to the first edition of our ‘Reimagining CEE’ series, regular Law-Now e-alerts discussing ESG-related updates with a particular focus on the impact on businesses across Central and Eastern Europe. Over the last two years, the abbreviation ESG and the word “taxonomy” have been on everyone’s lips, and they are about to become even more frequent in almost every business conversation, especially in CEE. The latest reason for this is the fact that the EU Taxonomy Regulation[1] took effect on 1 January 2022 regarding reporting on climate change mitigation and adaptation....

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