Definitive global law guides offering comparative analysis from top-ranked lawyers
INTRODUCTION | 7 |
Contributed by Philip Tully, Matheson LLP | 7 |
ARMENIA | 10 |
Law and Practice | 10 |
Contributed by Concern Dialog | 10 |
BAHAMAS | 36 |
Law and Practice | 36 |
Contributed by Graham Thompson | 36 |
Trends and Developments | 55 |
Contributed by Graham Thompson | 55 |
BRAZIL | 59 |
Law and Practice | 59 |
Contributed by Azevedo Sette Advogados | 59 |
Trends and Developments | 83 |
Contributed by Arruda Alvim, Aragão, Lins & Sato Advogados | 83 |
BURKINA FASO | 89 |
Law and Practice | 89 |
Contributed by SCP Yanogo Bobson | 89 |
CABO VERDE | 109 |
Law and Practice | 109 |
Contributed by Raposo Bernardo & Associados | 109 |
Trends and Developments | 135 |
Contributed by Raposo Bernardo & Associados | 135 |
CAYMAN ISLANDS | 142 |
Law and Practice | 142 |
Contributed by Maples Group | 142 |
COLOMBIA | 169 |
Law and Practice | 169 |
Contributed by Baker McKenzie S.A.S. | 169 |
Trends and Developments | 192 |
Contributed by Baker McKenzie S.A.S. | 192 |
DOMINICAN REPUBLIC | 201 |
Law and Practice | 201 |
Contributed by Headrick Rizik Álvarez & Fernández | 201 |
DRC | 227 |
Law and Practice | 227 |
Contributed by ProximA International | 227 |
Trends and Developments | 254 |
Contributed by ProximA International | 254 |
EGYPT | 261 |
Law and Practice | 261 |
Contributed by Soliman, Hashish & Partners | 261 |
Trends and Developments | 281 |
Contributed by Soliman, Hashish & Partners | 281 |
GIBRALTAR | 288 |
Law and Practice | 288 |
Contributed by ISOLAS LLP | 288 |
INDIA | 316 |
Trends and Developments | 316 |
Contributed by Shardul Amarchand Mangaldas & Co. | 316 |
INDONESIA | 326 |
Law and Practice | 326 |
Contributed by ABNR Counsellors at Law | 326 |
IRAQ | 353 |
Law and Practice | 353 |
Contributed by MENA Associates in association with AMERELLER | 353 |
IRELAND | 366 |
Law and Practice | 366 |
Contributed by Matheson LLP | 366 |
JAPAN | 395 |
Law and Practice | 395 |
Contributed by Anderson Mori & Tomotsune | 395 |
Trends and Developments | 421 |
Contributed by Oh-Ebashi LPC & Partners | 421 |
KUWAIT | 430 |
Law and Practice | 430 |
Contributed by ASAR – Al Ruwayeh & Partners | 430 |
LIBYA | 453 |
Law and Practice | 453 |
Contributed by Zahaf & Partners | 453 |
MALDIVES | 471 |
Law and Practice | 471 |
Contributed by Premier Chambers LLP | 471 |
MAURITIUS | 499 |
Law and Practice | 499 |
Contributed by Venture Law | 499 |
NETHERLANDS | 529 |
Law and Practice | 529 |
Contributed by BUREN | 529 |
NIGERIA | 560 |
Law and Practice | 560 |
Contributed by ǼLEX | 560 |
OMAN | 587 |
Law and Practice | 587 |
Contributed by Said Al Shahry & Partners (SASLO) | 587 |
PANAMA | 612 |
Law and Practice | 612 |
Contributed by BDO Panama | 612 |
Trends and Developments | 633 |
Contributed by BDO Panama | 633 |
PERU | 639 |
Law and Practice | 639 |
Contributed by Thorne, Echeandia & Lema Abogados | 639 |
Trends and Developments | 666 |
Contributed by Vega, Valdivieso, Guerra & Cavero – Vega & Abogados | 666 |
PHILIPPINES | 671 |
Trends and Developments | 671 |
Contributed by Cruz Marcelo & Tenefrancia | 671 |
POLAND | 679 |
Law and Practice | 679 |
Contributed by Clifford Chance | 679 |
SAUDI ARABIA | 710 |
Law and Practice | 710 |
Contributed by Derayah LLPC | 710 |
SEYCHELLES | 735 |
Law and Practice | 735 |
Contributed by Rivard Nariman | 735 |
Trends and Developments | 752 |
Contributed by Rivard Nariman | 752 |
SOUTH KOREA | 756 |
Trends and Developments | 756 |
Contributed by Lee & Ko | 756 |
SRI LANKA | 760 |
Law and Practice | 760 |
Contributed by Varners | 760 |
Trends and Developments | 786 |
Contributed by Varners | 786 |
SWITZERLAND | 791 |
Law and Practice | 791 |
Contributed by Walder Wyss Ltd | 791 |
UAE | 818 |
Law and Practice | 818 |
Contributed by Habib Al Mulla & Partners | 818 |
Trends and Developments | 845 |
Contributed by Habib Al Mulla & Partners | 845 |
UK | 852 |
Law and Practice | 852 |
Contributed by Taylor Wessing LLP | 852 |
Trends and Developments | 876 |
Contributed by Taylor Wessing LLP | 876 |
US VIRGIN ISLANDS | 882 |
Trends and Developments | 882 |
Contributed by Marjorie Rawls Roberts PC | 882 |
USA – NEW YORK | 892 |
Trends and Developments | 892 |
Contributed by Clifford Chance US LLP | 892 |
VIETNAM | 897 |
Law and Practice | 897 |
Contributed by ACSV Legal | 897 |
Trends and Developments | 925 |
Contributed by ACSV Legal | 925 |
1. Legal System | 14 |
1.1 Legal System and Judicial Order | 14 |
2. Restrictions on Foreign Investments | 15 |
2.1 Approval of Foreign Investments | 15 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 15 |
2.3 Commitments Required From Foreign Investors | 16 |
2.4 Right to Appeal | 16 |
3. Corporate Vehicles | 16 |
3.1 Most Common Forms of Legal Entity | 16 |
3.2 Incorporation Process | 17 |
3.3 Ongoing Reporting and Disclosure Obligations | 18 |
3.4 Management Structures | 20 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 21 |
4. Employment Law | 22 |
4.1 Nature of Applicable Regulations | 22 |
4.2 Characteristics of Employment Contracts | 22 |
4.3 Working Time | 23 |
4.4 Termination of Employment Contracts | 23 |
4.5 Employee Representations | 24 |
5. Tax Law | 25 |
5.1 Taxes Applicable to Employees/Employers | 25 |
5.2 Taxes Applicable to Businesses | 25 |
5.3 Available Tax Credits/Incentives | 26 |
5.4 Tax Consolidation | 26 |
5.5 Thin Capitalisation Rules and Other Limitations | 26 |
5.6 Transfer Pricing | 26 |
5.7 Anti-Evasion Rules | 27 |
5.8 Tariffs | 28 |
6. Competition Law | 28 |
6.1 Merger Control Notification | 28 |
6.2 Merger Control Procedure | 29 |
6.3 Cartels | 29 |
6.4 Abuse of Dominant Position | 30 |
7. Intellectual Property | 30 |
7.1 Patents | 30 |
7.2 Trade Marks | 30 |
7.3 Industrial Design | 31 |
7.4 Copyright | 31 |
7.5 Others | 32 |
8. Data Protection | 33 |
8.1 Applicable Regulations | 33 |
8.2 Geographical Scope | 34 |
8.3 Role and Authority of the Data Protection Agency | 34 |
9. Looking Forward | 35 |
9.1 Upcoming Legal Reforms | 35 |
1. Legal System | 39 |
1.1 Legal System and Judicial Order | 39 |
2. Restrictions on Foreign Investments | 39 |
2.1 Approval of Foreign Investments | 39 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 40 |
2.3 Commitments Required From Foreign Investors | 41 |
2.4 Right to Appeal | 42 |
3. Corporate Vehicles | 42 |
3.1 Most Common Forms of Legal Entity | 42 |
3.2 Incorporation Process | 43 |
3.3 Ongoing Reporting and Disclosure Obligations | 43 |
3.4 Management Structures | 44 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 44 |
4. Employment Law | 45 |
4.1 Nature of Applicable Regulations | 45 |
4.2 Characteristics of Employment Contracts | 45 |
4.3 Working Time | 46 |
4.4 Termination of Employment Contracts | 47 |
4.5 Employee Representations | 47 |
5. Tax Law | 48 |
5.1 Taxes Applicable to Employees/Employers | 48 |
5.2 Taxes Applicable to Businesses | 48 |
5.3 Available Tax Credits/Incentives | 49 |
5.4 Tax Consolidation | 50 |
5.5 Thin Capitalisation Rules and Other Limitations | 50 |
5.6 Transfer Pricing | 50 |
5.7 Anti-Evasion Rules | 50 |
5.8 Tariffs | 50 |
6. Competition Law | 50 |
6.1 Merger Control Notification | 50 |
6.2 Merger Control Procedure | 50 |
6.3 Cartels | 50 |
6.4 Abuse of Dominant Position | 50 |
7. Intellectual Property | 50 |
7.1 Patents | 50 |
7.2 Trade Marks | 51 |
7.3 Industrial Design | 52 |
7.4 Copyright | 52 |
7.5 Others | 53 |
8. Data Protection | 53 |
8.1 Applicable Regulations | 53 |
8.2 Geographical Scope | 53 |
8.3 Role and Authority of the Data Protection Agency | 53 |
9. Looking Forward | 54 |
9.1 Upcoming Legal Reforms | 54 |
1. Legal System | 62 |
1.1 Legal System and Judicial Order | 62 |
2. Restrictions on Foreign Investments | 63 |
2.1 Approval of Foreign Investments | 63 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 63 |
2.3 Commitments Required From Foreign Investors | 64 |
2.4 Right to Appeal | 65 |
3. Corporate Vehicles | 65 |
3.1 Most Common Forms of Legal Entity | 65 |
3.2 Incorporation Process | 66 |
3.3 Ongoing Reporting and Disclosure Obligations | 67 |
3.4 Management Structures | 67 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 68 |
4. Employment Law | 69 |
4.1 Nature of Applicable Regulations | 69 |
4.2 Characteristics of Employment Contracts | 69 |
4.3 Working Time | 70 |
4.4 Termination of Employment Contracts | 70 |
4.5 Employee Representations | 70 |
5. Tax Law | 71 |
5.1 Taxes Applicable to Employees/Employers | 71 |
5.2 Taxes Applicable to Businesses | 72 |
5.3 Available Tax Credits/Incentives | 73 |
5.4 Tax Consolidation | 74 |
5.5 Thin Capitalisation Rules and Other Limitations | 74 |
5.6 Transfer Pricing | 74 |
5.7 Anti-Evasion Rules | 74 |
5.8 Tariffs | 75 |
6. Competition Law | 75 |
6.1 Merger Control Notification | 75 |
6.2 Merger Control Procedure | 76 |
6.3 Cartels | 76 |
6.4 Abuse of Dominant Position | 76 |
7. Intellectual Property | 77 |
7.1 Patents | 77 |
7.2 Trade Marks | 78 |
7.3 Industrial Design | 78 |
7.4 Copyright | 79 |
7.5 Others | 79 |
8. Data Protection | 80 |
8.1 Applicable Regulations | 80 |
8.2 Geographical Scope | 81 |
8.3 Role and Authority of the Data Protection Agency | 81 |
9. Looking Forward | 82 |
9.1 Upcoming Legal Reforms | 82 |
1. Legal System | 93 |
1.1 Legal System and Judicial Order | 93 |
2. Restrictions on Foreign Investments | 93 |
2.1 Approval of Foreign Investments | 93 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 93 |
2.3 Commitments Required From Foreign Investors | 94 |
2.4 Right to Appeal | 94 |
3. Corporate Vehicles | 94 |
3.1 Most Common Forms of Legal Entity | 94 |
3.2 Incorporation Process | 95 |
3.3 Ongoing Reporting and Disclosure Obligations | 96 |
3.4 Management Structures | 96 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 97 |
4. Employment Law | 97 |
4.1 Nature of Applicable Regulations | 97 |
4.2 Characteristics of Employment Contracts | 98 |
4.3 Working Time | 98 |
4.4 Termination of Employment Contracts | 98 |
4.5 Employee Representations | 99 |
5. Tax Law | 99 |
5.1 Taxes Applicable to Employees/Employers | 99 |
5.2 Taxes Applicable to Businesses | 101 |
5.3 Available Tax Credits/Incentives | 101 |
5.4 Tax Consolidation | 102 |
5.5 Thin Capitalisation Rules and Other Limitations | 102 |
5.6 Transfer Pricing | 102 |
5.7 Anti-Evasion Rules | 102 |
5.8 Tariffs | 102 |
6. Competition Law | 103 |
6.1 Merger Control Notification | 103 |
6.2 Merger Control Procedure | 103 |
6.3 Cartels | 103 |
6.4 Abuse of Dominant Position | 104 |
7. Intellectual Property | 104 |
7.1 Patents | 104 |
7.2 Trade Marks | 105 |
7.3 Industrial Design | 106 |
7.4 Copyright | 107 |
7.5 Others | 107 |
8. Data Protection | 107 |
8.1 Applicable Regulations | 107 |
8.2 Geographical Scope | 107 |
8.3 Role and Authority of the Data Protection Agency | 107 |
9. Looking Forward | 107 |
9.1 Upcoming Legal Reforms | 107 |
1. Legal System | 113 |
1.1 Legal System and Judicial Order | 113 |
2. Restrictions on Foreign Investments | 113 |
2.1 Approval of Foreign Investments | 113 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 113 |
2.3 Commitments Required From Foreign Investors | 113 |
2.4 Right to Appeal | 113 |
3. Corporate Vehicles | 113 |
3.1 Most Common Forms of Legal Entity | 113 |
3.2 Incorporation Process | 115 |
3.3 Ongoing Reporting and Disclosure Obligations | 115 |
3.4 Management Structures | 116 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 116 |
4. Employment Law | 116 |
4.1 Nature of Applicable Regulations | 116 |
4.2 Characteristics of Employment Contracts | 117 |
4.3 Working Time | 117 |
4.4 Termination of Employment Contracts | 117 |
4.5 Employee Representations | 119 |
5. Tax Law | 119 |
5.1 Taxes Applicable to Employees/Employers | 119 |
5.2 Taxes Applicable to Businesses | 121 |
5.3 Available Tax Credits/Incentives | 122 |
5.4 Tax Consolidation | 130 |
5.5 Thin Capitalisation Rules and Other Limitations | 130 |
5.6 Transfer Pricing | 130 |
5.7 Anti-Evasion Rules | 130 |
5.8 Tariffs | 130 |
6. Competition Law | 131 |
6.1 Merger Control Notification | 131 |
6.2 Merger Control Procedure | 131 |
6.3 Cartels | 131 |
6.4 Abuse of Dominant Position | 131 |
7. Intellectual Property | 132 |
7.1 Patents | 132 |
7.2 Trade Marks | 132 |
7.3 Industrial Design | 132 |
7.4 Copyright | 133 |
7.5 Others | 133 |
8. Data Protection | 133 |
8.1 Applicable Regulations | 133 |
8.2 Geographical Scope | 134 |
8.3 Role and Authority of the Data Protection Agency | 134 |
9. Looking Forward | 134 |
9.1 Upcoming Legal Reforms | 134 |
1. Legal System | 145 |
1.1 Legal System and Judicial Order | 145 |
2. Restrictions on Foreign Investments | 145 |
2.1 Approval of Foreign Investments | 145 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 146 |
2.3 Commitments Required From Foreign Investors | 147 |
2.4 Right to Appeal | 147 |
3. Corporate Vehicles | 147 |
3.1 Most Common Forms of Legal Entity | 147 |
3.2 Incorporation Process | 150 |
3.3 Ongoing Reporting and Disclosure Obligations | 151 |
3.4 Management Structures | 157 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 158 |
4. Employment Law | 159 |
4.1 Nature of Applicable Regulations | 159 |
4.2 Characteristics of Employment Contracts | 160 |
4.3 Working Time | 160 |
4.4 Termination of Employment Contracts | 160 |
4.5 Employee Representations | 161 |
5. Tax Law | 161 |
5.1 Taxes Applicable to Employees/Employers | 161 |
5.2 Taxes Applicable to Businesses | 161 |
5.3 Available Tax Credits/Incentives | 162 |
5.4 Tax Consolidation | 162 |
5.5 Thin Capitalisation Rules and Other Limitations | 162 |
5.6 Transfer Pricing | 162 |
5.7 Anti-Evasion Rules | 162 |
5.8 Tariffs | 162 |
6. Competition Law | 162 |
6.1 Merger Control Notification | 162 |
6.2 Merger Control Procedure | 163 |
6.3 Cartels | 163 |
6.4 Abuse of Dominant Position | 163 |
7. Intellectual Property | 163 |
7.1 Patents | 163 |
7.2 Trade Marks | 164 |
7.3 Industrial Design | 165 |
7.4 Copyright | 166 |
7.5 Others | 167 |
8. Data Protection | 167 |
8.1 Applicable Regulations | 167 |
8.2 Geographical Scope | 167 |
8.3 Role and Authority of the Data Protection Agency | 168 |
9. Looking Forward | 168 |
9.1 Upcoming Legal Reforms | 168 |
1. Legal System | 173 |
1.1 Legal System and Judicial Order | 173 |
2. Restrictions on Foreign Investments | 173 |
2.1 Approval of Foreign Investments | 173 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 173 |
2.3 Commitments Required From Foreign Investors | 173 |
2.4 Right to Appeal | 173 |
3. Corporate Vehicles | 174 |
3.1 Most Common Forms of Legal Entity | 174 |
3.2 Incorporation Process | 176 |
3.3 Ongoing Reporting and Disclosure Obligations | 176 |
3.4 Management Structures | 177 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 178 |
4. Employment Law | 178 |
4.1 Nature of Applicable Regulations | 178 |
4.2 Characteristics of Employment Contracts | 178 |
4.3 Working Time | 178 |
4.4 Termination of Employment Contracts | 179 |
4.5 Employee Representations | 180 |
5. Tax Law | 181 |
5.1 Taxes Applicable to Employees/Employers | 181 |
5.2 Taxes Applicable to Businesses | 181 |
5.3 Available Tax Credits/Incentives | 182 |
5.4 Tax Consolidation | 184 |
5.5 Thin Capitalisation Rules and Other Limitations | 184 |
5.6 Transfer Pricing | 184 |
5.7 Anti-Evasion Rules | 184 |
5.8 Tariffs | 184 |
6. Competition Law | 185 |
6.1 Merger Control Notification | 185 |
6.2 Merger Control Procedure | 185 |
6.3 Cartels | 186 |
6.4 Abuse of Dominant Position | 186 |
7. Intellectual Property | 186 |
7.1 Patents | 186 |
7.2 Trade Marks | 187 |
7.3 Industrial Design | 187 |
7.4 Copyright | 187 |
7.5 Others | 188 |
8. Data Protection | 188 |
8.1 Applicable Regulations | 188 |
8.2 Geographical Scope | 188 |
8.3 Role and Authority of the Data Protection Agency | 188 |
9. Looking Forward | 188 |
9.1 Upcoming Legal Reforms | 188 |
1. Legal System | 205 |
1.1 Legal System and Judicial Order | 205 |
2. Restrictions on Foreign Investments | 205 |
2.1 Approval of Foreign Investments | 205 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 205 |
2.3 Commitments Required From Foreign Investors | 206 |
2.4 Right to Appeal | 206 |
3. Corporate Vehicles | 206 |
3.1 Most Common Forms of Legal Entity | 206 |
3.2 Incorporation Process | 207 |
3.3 Ongoing Reporting and Disclosure Obligations | 208 |
3.4 Management Structures | 209 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 209 |
4. Employment Law | 210 |
4.1 Nature of Applicable Regulations | 210 |
4.2 Characteristics of Employment Contracts | 211 |
4.3 Working Time | 211 |
4.4 Termination of Employment Contracts | 212 |
4.5 Employee Representations | 212 |
5. Tax Law | 213 |
5.1 Taxes Applicable to Employees/Employers | 213 |
5.2 Taxes Applicable to Businesses | 214 |
5.3 Available Tax Credits/Incentives | 215 |
5.4 Tax Consolidation | 216 |
5.5 Thin Capitalisation Rules and Other Limitations | 217 |
5.6 Transfer Pricing | 217 |
5.7 Anti-Evasion Rules | 217 |
5.8 Tariffs | 217 |
6. Competition Law | 219 |
6.1 Merger Control Notification | 219 |
6.2 Merger Control Procedure | 219 |
6.3 Cartels | 219 |
6.4 Abuse of Dominant Position | 220 |
7. Intellectual Property | 220 |
7.1 Patents | 220 |
7.2 Trade Marks | 221 |
7.3 Industrial Design | 222 |
7.4 Copyright | 223 |
7.5 Others | 223 |
8. Data Protection | 224 |
8.1 Applicable Regulations | 224 |
8.2 Geographical Scope | 225 |
8.3 Role and Authority of the Data Protection Agency | 225 |
9. Looking Forward | 226 |
9.1 Upcoming Legal Reforms | 226 |
1. Legal System | 231 |
1.1 Legal System and Judicial Order | 231 |
2. Restrictions on Foreign Investments | 231 |
2.1 Approval of Foreign Investments | 231 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 232 |
2.3 Commitments Required From Foreign Investors | 232 |
2.4 Right to Appeal | 233 |
3. Corporate Vehicles | 233 |
3.1 Most Common Forms of Legal Entity | 233 |
3.2 Incorporation Process | 235 |
3.3 Ongoing Reporting and Disclosure Obligations | 236 |
3.4 Management Structures | 236 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 237 |
4. Employment Law | 237 |
4.1 Nature of Applicable Regulations | 237 |
4.2 Characteristics of Employment Contracts | 238 |
4.3 Working Time | 238 |
4.4 Termination of Employment Contracts | 239 |
4.5 Employee Representations | 240 |
5. Tax Law | 242 |
5.1 Taxes Applicable to Employees/Employers | 242 |
5.2 Taxes Applicable to Businesses | 242 |
5.3 Available Tax Credits/Incentives | 242 |
5.4 Tax Consolidation | 243 |
5.5 Thin Capitalisation Rules and Other Limitations | 243 |
5.6 Transfer Pricing | 243 |
5.7 Anti-Evasion Rules | 243 |
5.8 Tariffs | 244 |
6. Competition Law | 244 |
6.1 Merger Control Notification | 244 |
6.2 Merger Control Procedure | 246 |
6.3 Cartels | 247 |
6.4 Abuse of Dominant Position | 248 |
7. Intellectual Property | 249 |
7.1 Patents | 249 |
7.2 Trade Marks | 249 |
7.3 Industrial Design | 250 |
7.4 Copyright | 250 |
7.5 Others | 250 |
8. Data Protection | 250 |
8.1 Applicable Regulations | 250 |
8.2 Geographical Scope | 251 |
8.3 Role and Authority of the Data Protection Agency | 252 |
9. Looking Forward | 253 |
9.1 Upcoming Legal Reforms | 253 |
1. Legal System | 265 |
1.1 Legal System and Judicial Order | 265 |
2. Restrictions on Foreign Investments | 266 |
2.1 Approval of Foreign Investments | 266 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 267 |
2.3 Commitments Required From Foreign Investors | 267 |
2.4 Right to Appeal | 267 |
3. Corporate Vehicles | 267 |
3.1 Most Common Forms of Legal Entity | 267 |
3.2 Incorporation Process | 268 |
3.3 Ongoing Reporting and Disclosure Obligations | 268 |
3.4 Management Structures | 268 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 269 |
4. Employment Law | 269 |
4.1 Nature of Applicable Regulations | 269 |
4.2 Characteristics of Employment Contracts | 269 |
4.3 Working Time | 270 |
4.4 Termination of Employment Contracts | 270 |
4.5 Employee Representations | 272 |
5. Tax Law | 273 |
5.1 Taxes Applicable to Employees/Employers | 273 |
5.2 Taxes Applicable to Businesses | 273 |
5.3 Available Tax Credits/Incentives | 273 |
5.4 Tax Consolidation | 274 |
5.5 Thin Capitalisation Rules and Other Limitations | 274 |
5.6 Transfer Pricing | 274 |
5.7 Anti-Evasion Rules | 274 |
5.8 Tariffs | 275 |
6. Competition Law | 277 |
6.1 Merger Control Notification | 277 |
6.2 Merger Control Procedure | 277 |
6.3 Cartels | 277 |
6.4 Abuse of Dominant Position | 277 |
7. Intellectual Property | 277 |
7.1 Patents | 277 |
7.2 Trade Marks | 277 |
7.3 Industrial Design | 278 |
7.4 Copyright | 278 |
7.5 Others | 279 |
8. Data Protection | 279 |
8.1 Applicable Regulations | 279 |
8.2 Geographical Scope | 279 |
8.3 Role and Authority of the Data Protection Agency | 280 |
9. Looking Forward | 280 |
9.1 Upcoming Legal Reforms | 280 |
1. Legal System | 292 |
1.1 Legal System and Judicial Order | 292 |
2. Restrictions on Foreign Investments | 294 |
2.1 Approval of Foreign Investments | 294 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 294 |
2.3 Commitments Required From Foreign Investors | 295 |
2.4 Right to Appeal | 295 |
3. Corporate Vehicles | 295 |
3.1 Most Common Forms of Legal Entity | 295 |
3.2 Incorporation Process | 296 |
3.3 Ongoing Reporting and Disclosure Obligations | 296 |
3.4 Management Structures | 297 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 297 |
4. Employment Law | 298 |
4.1 Nature of Applicable Regulations | 298 |
4.2 Characteristics of Employment Contracts | 298 |
4.3 Working Time | 299 |
4.4 Termination of Employment Contracts | 299 |
4.5 Employee Representations | 301 |
5. Tax Law | 302 |
5.1 Taxes Applicable to Employees/Employers | 302 |
5.2 Taxes Applicable to Businesses | 303 |
5.3 Available Tax Credits/Incentives | 304 |
5.4 Tax Consolidation | 305 |
5.5 Thin Capitalisation Rules and Other Limitations | 305 |
5.6 Transfer Pricing | 305 |
5.7 Anti-Evasion Rules | 305 |
5.8 Tariffs | 305 |
6. Competition Law | 305 |
6.1 Merger Control Notification | 305 |
6.2 Merger Control Procedure | 306 |
6.3 Cartels | 307 |
6.4 Abuse of Dominant Position | 308 |
7. Intellectual Property | 309 |
7.1 Patents | 309 |
7.2 Trade Marks | 310 |
7.3 Industrial Design | 311 |
7.4 Copyright | 312 |
7.5 Others | 312 |
8. Data Protection | 313 |
8.1 Applicable Regulations | 313 |
8.2 Geographical Scope | 313 |
8.3 Role and Authority of the Data Protection Agency | 314 |
9. Looking Forward | 315 |
9.1 Upcoming Legal Reforms | 315 |
1. Legal System | 330 |
1.1 Legal System and Judicial Order | 330 |
2. Restrictions on Foreign Investments | 331 |
2.1 Approval of Foreign Investments | 331 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 331 |
2.3 Commitments Required From Foreign Investors | 332 |
2.4 Right to Appeal | 332 |
3. Corporate Vehicles | 333 |
3.1 Most Common Forms of Legal Entity | 333 |
3.2 Incorporation Process | 333 |
3.3 Ongoing Reporting and Disclosure Obligations | 334 |
3.4 Management Structures | 335 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 335 |
4. Employment Law | 336 |
4.1 Nature of Applicable Regulations | 336 |
4.2 Characteristics of Employment Contracts | 336 |
4.3 Working Time | 337 |
4.4 Termination of Employment Contracts | 337 |
4.5 Employee Representations | 339 |
5. Tax Law | 339 |
5.1 Taxes Applicable to Employees/Employers | 339 |
5.2 Taxes Applicable to Businesses | 340 |
5.3 Available Tax Credits/Incentives | 340 |
5.4 Tax Consolidation | 341 |
5.5 Thin Capitalisation Rules and Other Limitations | 341 |
5.6 Transfer Pricing | 341 |
5.7 Anti-Evasion Rules | 341 |
5.8 Tariffs | 341 |
6. Competition Law | 342 |
6.1 Merger Control Notification | 342 |
6.2 Merger Control Procedure | 344 |
6.3 Cartels | 345 |
6.4 Abuse of Dominant Position | 347 |
7. Intellectual Property | 347 |
7.1 Patents | 347 |
7.2 Trade Marks | 348 |
7.3 Industrial Design | 349 |
7.4 Copyright | 349 |
7.5 Others | 350 |
8. Data Protection | 350 |
8.1 Applicable Regulations | 350 |
8.2 Geographical Scope | 351 |
8.3 Role and Authority of the Data Protection Agency | 351 |
9. Looking Forward | 352 |
9.1 Upcoming Legal Reforms | 352 |
1. Legal System | 356 |
1.1 Legal System and Judicial Order | 356 |
2. Restrictions on Foreign Investments | 356 |
2.1 Approval of Foreign Investments | 356 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 356 |
2.3 Commitments Required From Foreign Investors | 356 |
2.4 Right to Appeal | 357 |
3. Corporate Vehicles | 357 |
3.1 Most Common Forms of Legal Entity | 357 |
3.2 Incorporation Process | 357 |
3.3 Ongoing Reporting and Disclosure Obligations | 357 |
3.4 Management Structures | 358 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 358 |
4. Employment Law | 358 |
4.1 Nature of Applicable Regulations | 358 |
4.2 Characteristics of Employment Contracts | 358 |
4.3 Working Time | 359 |
4.4 Termination of Employment Contracts | 360 |
4.5 Employee Representations | 361 |
5. Tax Law | 361 |
5.1 Taxes Applicable to Employees/Employers | 361 |
5.2 Taxes Applicable to Businesses | 361 |
5.3 Available Tax Credits/Incentives | 361 |
5.4 Tax Consolidation | 362 |
5.5 Thin Capitalisation Rules and Other Limitations | 362 |
5.6 Transfer Pricing | 362 |
5.7 Anti-Evasion Rules | 362 |
5.8 Tariffs | 362 |
6. Competition Law | 363 |
6.1 Merger Control Notification | 363 |
6.2 Merger Control Procedure | 363 |
6.3 Cartels | 363 |
6.4 Abuse of Dominant Position | 363 |
7. Intellectual Property | 363 |
7.1 Patents | 363 |
7.2 Trade Marks | 364 |
7.3 Industrial Design | 364 |
7.4 Copyright | 364 |
7.5 Others | 365 |
8. Data Protection | 365 |
8.1 Applicable Regulations | 365 |
8.2 Geographical Scope | 365 |
8.3 Role and Authority of the Data Protection Agency | 365 |
9. Looking Forward | 365 |
9.1 Upcoming Legal Reforms | 365 |
1. Legal System | 370 |
1.1 Legal System and Judicial Order | 370 |
2. Restrictions on Foreign Investments | 370 |
2.1 Approval of Foreign Investments | 370 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 371 |
2.3 Commitments Required From Foreign Investors | 371 |
2.4 Right to Appeal | 371 |
3. Corporate Vehicles | 371 |
3.1 Most Common Forms of Legal Entity | 371 |
3.2 Incorporation Process | 372 |
3.3 Ongoing Reporting and Disclosure Obligations | 372 |
3.4 Management Structures | 373 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 373 |
4. Employment Law | 374 |
4.1 Nature of Applicable Regulations | 374 |
4.2 Characteristics of Employment Contracts | 374 |
4.3 Working Time | 375 |
4.4 Termination of Employment Contracts | 376 |
4.5 Employee Representations | 377 |
5. Tax Law | 377 |
5.1 Taxes Applicable to Employees/Employers | 377 |
5.2 Taxes Applicable to Businesses | 378 |
5.3 Available Tax Credits/Incentives | 380 |
5.4 Tax Consolidation | 381 |
5.5 Thin Capitalisation Rules and Other Limitations | 381 |
5.6 Transfer Pricing | 382 |
5.7 Anti-Evasion Rules | 382 |
5.8 Tariffs | 383 |
6. Competition Law | 384 |
6.1 Merger Control Notification | 384 |
6.2 Merger Control Procedure | 384 |
6.3 Cartels | 385 |
6.4 Abuse of Dominant Position | 386 |
7. Intellectual Property | 386 |
7.1 Patents | 386 |
7.2 Trade Marks | 387 |
7.3 Industrial Design | 389 |
7.4 Copyright | 390 |
7.5 Others | 390 |
8. Data Protection | 391 |
8.1 Applicable Regulations | 391 |
8.2 Geographical Scope | 392 |
8.3 Role and Authority of the Data Protection Agency | 392 |
9. Looking Forward | 393 |
9.1 Upcoming Legal Reforms | 393 |
1. Legal System | 399 |
1.1 Legal System and Judicial Order | 399 |
2. Restrictions on Foreign Investments | 399 |
2.1 Approval of Foreign Investments | 399 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 400 |
2.3 Commitments Required From Foreign Investors | 400 |
2.4 Right to Appeal | 400 |
3. Corporate Vehicles | 400 |
3.1 Most Common Forms of Legal Entity | 400 |
3.2 Incorporation Process | 401 |
3.3 Ongoing Reporting and Disclosure Obligations | 401 |
3.4 Management Structures | 401 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 402 |
4. Employment Law | 402 |
4.1 Nature of Applicable Regulations | 402 |
4.2 Characteristics of Employment Contracts | 403 |
4.3 Working Time | 404 |
4.4 Termination of Employment Contracts | 405 |
4.5 Employee Representations | 406 |
5. Tax Law | 406 |
5.1 Taxes Applicable to Employees/Employers | 406 |
5.2 Taxes Applicable to Businesses | 408 |
5.3 Available Tax Credits/Incentives | 409 |
5.4 Tax Consolidation | 409 |
5.5 Thin Capitalisation Rules and Other Limitations | 410 |
5.6 Transfer Pricing | 410 |
5.7 Anti-Evasion Rules | 411 |
5.8 Tariffs | 411 |
6. Competition Law | 411 |
6.1 Merger Control Notification | 411 |
6.2 Merger Control Procedure | 412 |
6.3 Cartels | 413 |
6.4 Abuse of Dominant Position | 414 |
7. Intellectual Property | 414 |
7.1 Patents | 414 |
7.2 Trade Marks | 415 |
7.3 Industrial Design | 416 |
7.4 Copyright | 417 |
7.5 Others | 418 |
8. Data Protection | 419 |
8.1 Applicable Regulations | 419 |
8.2 Geographical Scope | 420 |
8.3 Role and Authority of the Data Protection Agency | 420 |
9. Looking Forward | 420 |
9.1 Upcoming Legal Reforms | 420 |
1. Legal System | 434 |
1.1 Legal System and Judicial Order | 434 |
2. Restrictions on Foreign Investments | 434 |
2.1 Approval of Foreign Investments | 434 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 435 |
2.3 Commitments Required From Foreign Investors | 437 |
2.4 Right to Appeal | 437 |
3. Corporate Vehicles | 437 |
3.1 Most Common Forms of Legal Entity | 437 |
3.2 Incorporation Process | 438 |
3.3 Ongoing Reporting and Disclosure Obligations | 439 |
3.4 Management Structures | 439 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 439 |
4. Employment Law | 439 |
4.1 Nature of Applicable Regulations | 439 |
4.2 Characteristics of Employment Contracts | 440 |
4.3 Working Time | 440 |
4.4 Termination of Employment Contracts | 440 |
4.5 Employee Representations | 441 |
5. Tax Law | 442 |
5.1 Taxes Applicable to Employees/Employers | 442 |
5.2 Taxes Applicable to Businesses | 442 |
5.3 Available Tax Credits/Incentives | 443 |
5.4 Tax Consolidation | 443 |
5.5 Thin Capitalisation Rules and Other Limitations | 443 |
5.6 Transfer Pricing | 444 |
5.7 Anti-Evasion Rules | 445 |
5.8 Tariffs | 445 |
6. Competition Law | 446 |
6.1 Merger Control Notification | 446 |
6.2 Merger Control Procedure | 447 |
6.3 Cartels | 447 |
6.4 Abuse of Dominant Position | 448 |
7. Intellectual Property | 448 |
7.1 Patents | 448 |
7.2 Trade Marks | 449 |
7.3 Industrial Design | 450 |
7.4 Copyright | 450 |
7.5 Others | 451 |
8. Data Protection | 451 |
8.1 Applicable Regulations | 451 |
8.2 Geographical Scope | 452 |
8.3 Role and Authority of the Data Protection Agency | 452 |
9. Looking Forward | 452 |
9.1 Upcoming Legal Reforms | 452 |
1. Legal System | 457 |
1.1 Legal System and Judicial Order | 457 |
2. Restrictions on Foreign Investments | 457 |
2.1 Approval of Foreign Investments | 457 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 458 |
2.3 Commitments Required From Foreign Investors | 458 |
2.4 Right to Appeal | 459 |
3. Corporate Vehicles | 459 |
3.1 Most Common Forms of Legal Entity | 459 |
3.2 Incorporation Process | 461 |
3.3 Ongoing Reporting and Disclosure Obligations | 461 |
3.4 Management Structures | 461 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 461 |
4. Employment Law | 462 |
4.1 Nature of Applicable Regulations | 462 |
4.2 Characteristics of Employment Contracts | 462 |
4.3 Working Time | 463 |
4.4 Termination of Employment Contracts | 463 |
4.5 Employee Representations | 464 |
5. Tax Law | 464 |
5.1 Taxes Applicable to Employees/Employers | 464 |
5.2 Taxes Applicable to Businesses | 464 |
5.3 Available Tax Credits/Incentives | 464 |
5.4 Tax Consolidation | 464 |
5.5 Thin Capitalisation Rules and Other Limitations | 465 |
5.6 Transfer Pricing | 465 |
5.7 Anti-Evasion Rules | 465 |
5.8 Tariffs | 465 |
6. Competition Law | 466 |
6.1 Merger Control Notification | 466 |
6.2 Merger Control Procedure | 466 |
6.3 Cartels | 466 |
6.4 Abuse of Dominant Position | 466 |
7. Intellectual Property | 467 |
7.1 Patents | 467 |
7.2 Trade Marks | 467 |
7.3 Industrial Design | 468 |
7.4 Copyright | 468 |
7.5 Others | 468 |
8. Data Protection | 468 |
8.1 Applicable Regulations | 468 |
8.2 Geographical Scope | 469 |
8.3 Role and Authority of the Data Protection Agency | 469 |
9. Looking Forward | 469 |
9.1 Upcoming Legal Reforms | 469 |
1. Legal System | 476 |
1.1 Legal System and Judicial Order | 476 |
2. Restrictions on Foreign Investments | 476 |
2.1 Approval of Foreign Investments | 476 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 477 |
2.3 Commitments Required From Foreign Investors | 478 |
2.4 Right to Appeal | 478 |
3. Corporate Vehicles | 478 |
3.1 Most Common Forms of Legal Entity | 478 |
3.2 Incorporation Process | 480 |
3.3 Ongoing Reporting and Disclosure Obligations | 480 |
3.4 Management Structures | 481 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 481 |
4. Employment Law | 482 |
4.1 Nature of Applicable Regulations | 482 |
4.2 Characteristics of Employment Contracts | 483 |
4.3 Working Time | 483 |
4.4 Termination of Employment Contracts | 484 |
4.5 Employee Representations | 485 |
5. Tax Law | 486 |
5.1 Taxes Applicable to Employees/Employers | 486 |
5.2 Taxes Applicable to Businesses | 486 |
5.3 Available Tax Credits/Incentives | 487 |
5.4 Tax Consolidation | 488 |
5.5 Thin Capitalisation Rules and Other Limitations | 488 |
5.6 Transfer Pricing | 489 |
5.7 Anti-Evasion Rules | 489 |
5.8 Tariffs | 489 |
6. Competition Law | 491 |
6.1 Merger Control Notification | 491 |
6.2 Merger Control Procedure | 492 |
6.3 Cartels | 492 |
6.4 Abuse of Dominant Position | 492 |
7. Intellectual Property | 492 |
7.1 Patents | 492 |
7.2 Trade Marks | 493 |
7.3 Industrial Design | 494 |
7.4 Copyright | 494 |
7.5 Others | 497 |
8. Data Protection | 497 |
8.1 Applicable Regulations | 497 |
8.2 Geographical Scope | 497 |
8.3 Role and Authority of the Data Protection Agency | 497 |
9. Looking Forward | 498 |
9.1 Upcoming Legal Reforms | 498 |
1. Legal System | 503 |
1.1 Legal System and Judicial Order | 503 |
2. Restrictions on Foreign Investments | 504 |
2.1 Approval of Foreign Investments | 504 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 506 |
2.3 Commitments Required From Foreign Investors | 506 |
2.4 Right to Appeal | 507 |
3. Corporate Vehicles | 507 |
3.1 Most Common Forms of Legal Entity | 507 |
3.2 Incorporation Process | 509 |
3.3 Ongoing Reporting and Disclosure Obligations | 509 |
3.4 Management Structures | 510 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 510 |
4. Employment Law | 510 |
4.1 Nature of Applicable Regulations | 510 |
4.2 Characteristics of Employment Contracts | 511 |
4.3 Working Time | 511 |
4.4 Termination of Employment Contracts | 512 |
4.5 Employee Representations | 513 |
5. Tax Law | 513 |
5.1 Taxes Applicable to Employees/Employers | 513 |
5.2 Taxes Applicable to Businesses | 514 |
5.3 Available Tax Credits/Incentives | 517 |
5.4 Tax Consolidation | 517 |
5.5 Thin Capitalisation Rules and Other Limitations | 517 |
5.6 Transfer Pricing | 517 |
5.7 Anti-Evasion Rules | 518 |
5.8 Tariffs | 518 |
6. Competition Law | 518 |
6.1 Merger Control Notification | 518 |
6.2 Merger Control Procedure | 519 |
6.3 Cartels | 520 |
6.4 Abuse of Dominant Position | 520 |
7. Intellectual Property | 520 |
7.1 Patents | 520 |
7.2 Trade Marks | 521 |
7.3 Industrial Design | 522 |
7.4 Copyright | 522 |
7.5 Others | 523 |
8. Data Protection | 523 |
8.1 Applicable Regulations | 523 |
8.2 Geographical Scope | 525 |
8.3 Role and Authority of the Data Protection Agency | 525 |
9. Looking Forward | 526 |
9.1 Upcoming Legal Reforms | 526 |
1. Legal System | 533 |
1.1 Legal System and Judicial Order | 533 |
2. Restrictions on Foreign Investments | 534 |
2.1 Approval of Foreign Investments | 534 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 535 |
2.3 Commitments Required From Foreign Investors | 535 |
2.4 Right to Appeal | 535 |
3. Corporate Vehicles | 535 |
3.1 Most Common Forms of Legal Entity | 535 |
3.2 Incorporation Process | 536 |
3.3 Ongoing Reporting and Disclosure Obligations | 537 |
3.4 Management Structures | 537 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 538 |
4. Employment Law | 538 |
4.1 Nature of Applicable Regulations | 538 |
4.2 Characteristics of Employment Contracts | 538 |
4.3 Working Time | 539 |
4.4 Termination of Employment Contracts | 539 |
4.5 Employee Representations | 540 |
5. Tax Law | 541 |
5.1 Taxes Applicable to Employees/Employers | 541 |
5.2 Taxes Applicable to Businesses | 542 |
5.3 Available Tax Credits/Incentives | 544 |
5.4 Tax Consolidation | 545 |
5.5 Thin Capitalisation Rules and Other Limitations | 546 |
5.6 Transfer Pricing | 546 |
5.7 Anti-Evasion Rules | 547 |
5.8 Tariffs | 548 |
6. Competition Law | 548 |
6.1 Merger Control Notification | 548 |
6.2 Merger Control Procedure | 549 |
6.3 Cartels | 550 |
6.4 Abuse of Dominant Position | 551 |
7. Intellectual Property | 551 |
7.1 Patents | 551 |
7.2 Trade Marks | 552 |
7.3 Industrial Design | 553 |
7.4 Copyright | 554 |
7.5 Others | 555 |
8. Data Protection | 556 |
8.1 Applicable Regulations | 556 |
8.2 Geographical Scope | 557 |
8.3 Role and Authority of the Data Protection Agency | 558 |
9. Looking Forward | 559 |
9.1 Upcoming Legal Reforms | 559 |
1. Legal System | 565 |
1.1 Legal System and Judicial Order | 565 |
2. Restrictions on Foreign Investments | 565 |
2.1 Approval of Foreign Investments | 565 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 566 |
2.3 Commitments Required From Foreign Investors | 567 |
2.4 Right to Appeal | 567 |
3. Corporate Vehicles | 567 |
3.1 Most Common Forms of Legal Entity | 567 |
3.2 Incorporation Process | 568 |
3.3 Ongoing Reporting and Disclosure Obligations | 568 |
3.4 Management Structures | 569 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 569 |
4. Employment Law | 569 |
4.1 Nature of Applicable Regulations | 569 |
4.2 Characteristics of Employment Contracts | 569 |
4.3 Working Time | 570 |
4.4 Termination of Employment Contracts | 570 |
4.5 Employee Representations | 571 |
5. Tax Law | 571 |
5.1 Taxes Applicable to Employees/Employers | 571 |
5.2 Taxes Applicable to Businesses | 572 |
5.3 Available Tax Credits/Incentives | 575 |
5.4 Tax Consolidation | 576 |
5.5 Thin Capitalisation Rules and Other Limitations | 577 |
5.6 Transfer Pricing | 577 |
5.7 Anti-Evasion Rules | 577 |
5.8 Tariffs | 577 |
6. Competition Law | 578 |
6.1 Merger Control Notification | 578 |
6.2 Merger Control Procedure | 579 |
6.3 Cartels | 580 |
6.4 Abuse of Dominant Position | 580 |
7. Intellectual Property | 581 |
7.1 Patents | 581 |
7.2 Trade Marks | 582 |
7.3 Industrial Design | 582 |
7.4 Copyright | 583 |
7.5 Others | 584 |
8. Data Protection | 584 |
8.1 Applicable Regulations | 584 |
8.2 Geographical Scope | 585 |
8.3 Role and Authority of the Data Protection Agency | 585 |
9. Looking Forward | 586 |
9.1 Upcoming Legal Reforms | 586 |
1. Legal System | 591 |
1.1 Legal System and Judicial Order | 591 |
2. Restrictions on Foreign Investments | 591 |
2.1 Approval of Foreign Investments | 591 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 592 |
2.3 Commitments Required From Foreign Investors | 592 |
2.4 Right to Appeal | 593 |
3. Corporate Vehicles | 593 |
3.1 Most Common Forms of Legal Entity | 593 |
3.2 Incorporation Process | 596 |
3.3 Ongoing Reporting and Disclosure Obligations | 597 |
3.4 Management Structures | 597 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 597 |
4. Employment Law | 598 |
4.1 Nature of Applicable Regulations | 598 |
4.2 Characteristics of Employment Contracts | 599 |
4.3 Working Time | 599 |
4.4 Termination of Employment Contracts | 599 |
4.5 Employee Representations | 600 |
5. Tax Law | 600 |
5.1 Taxes Applicable to Employees/Employers | 600 |
5.2 Taxes Applicable to Businesses | 600 |
5.3 Available Tax Credits/Incentives | 602 |
5.4 Tax Consolidation | 603 |
5.5 Thin Capitalisation Rules and Other Limitations | 603 |
5.6 Transfer Pricing | 604 |
5.7 Anti-Evasion Rules | 604 |
5.8 Tariffs | 604 |
6. Competition Law | 605 |
6.1 Merger Control Notification | 605 |
6.2 Merger Control Procedure | 605 |
6.3 Cartels | 605 |
6.4 Abuse of Dominant Position | 606 |
7. Intellectual Property | 607 |
7.1 Patents | 607 |
7.2 Trade Marks | 607 |
7.3 Industrial Design | 608 |
7.4 Copyright | 608 |
7.5 Others | 609 |
8. Data Protection | 609 |
8.1 Applicable Regulations | 609 |
8.2 Geographical Scope | 610 |
8.3 Role and Authority of the Data Protection Agency | 610 |
9. Looking Forward | 611 |
9.1 Upcoming Legal Reforms | 611 |
1. Legal System | 616 |
1.1 Legal System and Judicial Order | 616 |
2. Restrictions on Foreign Investments | 616 |
2.1 Approval of Foreign Investments | 616 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 616 |
2.3 Commitments Required From Foreign Investors | 616 |
2.4 Right to Appeal | 617 |
3. Corporate Vehicles | 617 |
3.1 Most Common Forms of Legal Entity | 617 |
3.2 Incorporation Process | 617 |
3.3 Ongoing Reporting and Disclosure Obligations | 618 |
3.4 Management Structures | 619 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 619 |
4. Employment Law | 619 |
4.1 Nature of Applicable Regulations | 619 |
4.2 Characteristics of Employment Contracts | 620 |
4.3 Working Time | 620 |
4.4 Termination of Employment Contracts | 621 |
4.5 Employee Representations | 622 |
5. Tax Law | 622 |
5.1 Taxes Applicable to Employees/Employers | 622 |
5.2 Taxes Applicable to Businesses | 623 |
5.3 Available Tax Credits/Incentives | 623 |
5.4 Tax Consolidation | 626 |
5.5 Thin Capitalisation Rules and Other Limitations | 626 |
5.6 Transfer Pricing | 626 |
5.7 Anti-Evasion Rules | 626 |
5.8 Tariffs | 626 |
6. Competition Law | 627 |
6.1 Merger Control Notification | 627 |
6.2 Merger Control Procedure | 627 |
6.3 Cartels | 628 |
7. Intellectual Property | 628 |
7.1 Patents | 628 |
7.2 Trade Marks | 629 |
7.3 Industrial Design | 630 |
7.4 Copyright | 630 |
8. Data Protection | 630 |
8.1 Applicable Regulations | 630 |
8.2 Geographical Scope | 631 |
8.3 Role and Authority of the Data Protection Agency | 632 |
9. Looking Forward | 632 |
9.1 Upcoming Legal Reforms | 632 |
1. Legal System | 643 |
1.1 Legal System and Judicial Order | 643 |
2. Restrictions on Foreign Investments | 643 |
2.1 Approval of Foreign Investments | 643 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 644 |
2.3 Commitments Required From Foreign Investors | 644 |
2.4 Right to Appeal | 644 |
3. Corporate Vehicles | 645 |
3.1 Most Common Forms of Legal Entity | 645 |
3.2 Incorporation Process | 646 |
3.3 Ongoing Reporting and Disclosure Obligations | 646 |
3.4 Management Structures | 646 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 646 |
4. Employment Law | 647 |
4.1 Nature of Applicable Regulations | 647 |
4.2 Characteristics of Employment Contracts | 648 |
4.3 Working Time | 648 |
4.4 Termination of Employment Contracts | 648 |
4.5 Employee Representations | 649 |
5. Tax Law | 650 |
5.1 Taxes Applicable to Employees/Employers | 650 |
5.2 Taxes Applicable to Businesses | 651 |
5.3 Available Tax Credits/Incentives | 652 |
5.4 Tax Consolidation | 653 |
5.5 Thin Capitalisation Rules and Other Limitations | 653 |
5.6 Transfer Pricing | 654 |
5.7 Anti-Evasion Rules | 654 |
5.8 Tariffs | 654 |
6. Competition Law | 655 |
6.1 Merger Control Notification | 655 |
6.2 Merger Control Procedure | 656 |
6.3 Cartels | 656 |
6.4 Abuse of Dominant Position | 657 |
7. Intellectual Property | 657 |
7.1 Patents | 657 |
7.2 Trade Marks | 658 |
7.3 Industrial Design | 661 |
7.4 Copyright | 662 |
7.5 Others | 663 |
8. Data Protection | 663 |
8.1 Applicable Regulations | 663 |
8.2 Geographical Scope | 664 |
8.3 Role and Authority of the Data Protection Agency | 665 |
9. Looking Forward | 665 |
9.1 Upcoming Legal Reforms | 665 |
1. Legal System | 682 |
1.1 Legal System and Judicial Order | 682 |
2. Restrictions on Foreign Investments | 682 |
2.1 Approval of Foreign Investments | 682 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 684 |
2.3 Commitments Required From Foreign Investors | 685 |
2.4 Right to Appeal | 685 |
3. Corporate Vehicles | 685 |
3.1 Most Common Forms of Legal Entity | 685 |
3.2 Incorporation Process | 689 |
3.3 Ongoing Reporting and Disclosure Obligations | 690 |
3.4 Management Structures | 690 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 691 |
4. Employment Law | 692 |
4.1 Nature of Applicable Regulations | 692 |
4.2 Characteristics of Employment Contracts | 692 |
4.3 Working Time | 692 |
4.4 Termination of Employment Contracts | 693 |
4.5 Employee Representations | 695 |
5. Tax Law | 695 |
5.1 Taxes Applicable to Employees/Employers | 695 |
5.2 Taxes Applicable to Businesses | 696 |
5.3 Available Tax Credits/Incentives | 699 |
5.4 Tax Consolidation | 699 |
5.5 Thin Capitalisation Rules and Other Limitations | 699 |
5.6 Transfer Pricing | 700 |
5.7 Anti-Evasion Rules | 700 |
5.8 Tariffs | 701 |
6. Competition Law | 701 |
6.1 Merger Control Notification | 701 |
6.2 Merger Control Procedure | 702 |
6.3 Cartels | 703 |
6.4 Abuse of Dominant Position | 703 |
7. Intellectual Property | 704 |
7.1 Patents | 704 |
7.2 Trade Marks | 705 |
7.3 Industrial Design | 705 |
7.4 Copyright | 705 |
7.5 Others | 706 |
8. Data Protection | 707 |
8.1 Applicable Regulations | 707 |
8.2 Geographical Scope | 707 |
8.3 Role and Authority of the Data Protection Agency | 707 |
9. Looking Forward | 707 |
9.1 Upcoming Legal Reforms | 707 |
1. Legal System | 713 |
1.1 Legal System and Judicial Order | 713 |
2. Restrictions on Foreign Investments | 715 |
2.1 Approval of Foreign Investments | 715 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 716 |
2.3 Commitments Required From Foreign Investors | 717 |
2.4 Right to Appeal | 717 |
3. Corporate Vehicles | 718 |
3.1 Most Common Forms of Legal Entity | 718 |
3.2 Incorporation Process | 718 |
3.3 Ongoing Reporting and Disclosure Obligations | 719 |
3.4 Management Structures | 719 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 719 |
4. Employment Law | 720 |
4.1 Nature of Applicable Regulations | 720 |
4.2 Characteristics of Employment Contracts | 721 |
4.3 Working Time | 721 |
4.4 Termination of Employment Contracts | 722 |
4.5 Employee Representations | 723 |
5. Tax Law | 723 |
5.1 Taxes Applicable to Employees/Employers | 723 |
5.2 Taxes Applicable to Businesses | 724 |
5.3 Available Tax Credits/Incentives | 724 |
5.4 Tax Consolidation | 725 |
5.5 Thin Capitalisation Rules and Other Limitations | 725 |
5.6 Transfer Pricing | 725 |
5.7 Anti-Evasion Rules | 725 |
5.8 Tariffs | 725 |
6. Competition Law | 726 |
6.1 Merger Control Notification | 726 |
6.2 Merger Control Procedure | 726 |
6.3 Cartels | 727 |
6.4 Abuse of Dominant Position | 728 |
7. Intellectual Property | 729 |
7.1 Patents | 729 |
7.2 Trade Marks | 729 |
7.3 Industrial Design | 730 |
7.4 Copyright | 731 |
7.5 Others | 732 |
8. Data Protection | 732 |
8.1 Applicable Regulations | 732 |
8.2 Geographical Scope | 733 |
8.3 Role and Authority of the Data Protection Agency | 733 |
9. Looking Forward | 733 |
9.1 Upcoming Legal Reforms | 733 |
1. Legal System | 738 |
1.1 Legal System and Judicial Order | 738 |
2. Restrictions on Foreign Investments | 738 |
2.1 Approval of Foreign Investments | 738 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 739 |
2.3 Commitments Required From Foreign Investors | 739 |
2.4 Right to Appeal | 739 |
3. Corporate Vehicles | 740 |
3.1 Most Common Forms of Legal Entity | 740 |
3.2 Incorporation Process | 740 |
3.3 Ongoing Reporting and Disclosure Obligations | 740 |
3.4 Management Structures | 740 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 740 |
4. Employment Law | 741 |
4.1 Nature of Applicable Regulations | 741 |
4.2 Characteristics of Employment Contracts | 741 |
4.3 Working Time | 741 |
4.4 Termination of Employment Contracts | 741 |
4.5 Employee Representations | 742 |
5. Tax Law | 742 |
5.1 Taxes Applicable to Employees/Employers | 742 |
5.2 Taxes Applicable to Businesses | 743 |
5.3 Available Tax Credits/Incentives | 743 |
5.4 Tax Consolidation | 743 |
5.5 Thin Capitalisation Rules and Other Limitations | 743 |
5.6 Transfer Pricing | 744 |
5.7 Anti-Evasion Rules | 744 |
5.8 Tariffs | 745 |
6. Competition Law | 745 |
6.1 Merger Control Notification | 745 |
6.2 Merger Control Procedure | 746 |
6.3 Cartels | 746 |
6.4 Abuse of Dominant Position | 747 |
7. Intellectual Property | 747 |
7.1 Patents | 747 |
7.2 Trade Marks | 748 |
7.3 Industrial Design | 748 |
7.4 Copyright | 749 |
7.5 Others | 749 |
8. Data Protection | 750 |
8.1 Applicable Regulations | 750 |
8.2 Geographical Scope | 750 |
8.3 Role and Authority of the Data Protection Agency | 750 |
9. Looking Forward | 751 |
9.1 Upcoming Legal Reforms | 751 |
1. Legal System | 763 |
1.1 Legal System and Judicial Order | 763 |
2. Restrictions on Foreign Investments | 764 |
2.1 Approval of Foreign Investments | 764 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 766 |
2.3 Commitments Required From Foreign Investors | 767 |
2.4 Right to Appeal | 767 |
3. Corporate Vehicles | 767 |
3.1 Most Common Forms of Legal Entity | 767 |
3.2 Incorporation Process | 768 |
3.3 Ongoing Reporting and Disclosure Obligations | 769 |
3.4 Management Structures | 769 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 770 |
4. Employment Law | 770 |
4.1 Nature of Applicable Regulations | 770 |
4.2 Characteristics of Employment Contracts | 771 |
4.3 Working Time | 772 |
4.4 Termination of Employment Contracts | 772 |
4.5 Employee Representations | 773 |
5. Tax Law | 774 |
5.1 Taxes Applicable to Employees/Employers | 774 |
5.2 Taxes Applicable to Businesses | 774 |
5.3 Available Tax Credits/Incentives | 775 |
5.4 Tax Consolidation | 776 |
5.5 Thin Capitalisation Rules and Other Limitations | 776 |
5.6 Transfer Pricing | 777 |
5.7 Anti-Evasion Rules | 777 |
5.8 Tariffs | 778 |
6. Competition Law | 778 |
6.1 Merger Control Notification | 778 |
6.2 Merger Control Procedure | 779 |
6.3 Cartels | 779 |
6.4 Abuse of Dominant Position | 780 |
7. Intellectual Property | 780 |
7.1 Patents | 780 |
7.2 Trade Marks | 781 |
7.3 Industrial Design | 781 |
7.4 Copyright | 782 |
7.5 Others | 782 |
8. Data Protection | 783 |
8.1 Applicable Regulations | 783 |
8.2 Geographical Scope | 783 |
8.3 Role and Authority of the Data Protection Agency | 784 |
9. Looking Forward | 784 |
9.1 Upcoming Legal Reforms | 784 |
1. Legal System | 795 |
1.1 Legal System and Judicial Order | 795 |
2. Restrictions on Foreign Investments | 795 |
2.1 Approval of Foreign Investments | 795 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 796 |
2.3 Commitments Required From Foreign Investors | 796 |
2.4 Right to Appeal | 796 |
3. Corporate Vehicles | 796 |
3.1 Most Common Forms of Legal Entity | 796 |
3.2 Incorporation Process | 797 |
3.3 Ongoing Reporting and Disclosure Obligations | 797 |
3.4 Management Structures | 798 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 799 |
4. Employment Law | 799 |
4.1 Nature of Applicable Regulations | 799 |
4.2 Characteristics of Employment Contracts | 799 |
4.3 Working Time | 800 |
4.4 Termination of Employment Contracts | 802 |
4.5 Employee Representations | 803 |
5. Tax Law | 804 |
5.1 Taxes Applicable to Employees/Employers | 804 |
5.2 Taxes Applicable to Businesses | 806 |
5.3 Available Tax Credits/Incentives | 808 |
5.4 Tax Consolidation | 808 |
5.5 Thin Capitalisation Rules and Other Limitations | 808 |
5.6 Transfer Pricing | 808 |
5.7 Anti-Evasion Rules | 809 |
5.8 Tariffs | 809 |
6. Competition Law | 810 |
6.1 Merger Control Notification | 810 |
6.2 Merger Control Procedure | 810 |
6.3 Cartels | 810 |
6.4 Abuse of Dominant Position | 811 |
7. Intellectual Property | 811 |
7.1 Patents | 811 |
7.2 Trade Marks | 812 |
7.3 Industrial Design | 813 |
7.4 Copyright | 814 |
7.5 Others | 814 |
8. Data Protection | 815 |
8.1 Applicable Regulations | 815 |
8.2 Geographical Scope | 815 |
8.3 Role and Authority of the Data Protection Agency | 816 |
9. Looking Forward | 816 |
9.1 Upcoming Legal Reforms | 816 |
1. Legal System | 822 |
1.1 Legal System and Judicial Order | 822 |
2. Restrictions on Foreign Investments | 823 |
2.1 Approval of Foreign Investments | 823 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 824 |
2.3 Commitments Required From Foreign Investors | 824 |
2.4 Right to Appeal | 825 |
3. Corporate Vehicles | 825 |
3.1 Most Common Forms of Legal Entity | 825 |
3.2 Incorporation Process | 827 |
3.3 Ongoing Reporting and Disclosure Obligations | 828 |
3.4 Management Structures | 829 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 829 |
4. Employment Law | 830 |
4.1 Nature of Applicable Regulations | 830 |
4.2 Characteristics of Employment Contracts | 831 |
4.3 Working Time | 833 |
4.4 Termination of Employment Contracts | 833 |
4.5 Employee Representations | 835 |
5. Tax Law | 835 |
5.1 Taxes Applicable to Employees/Employers | 835 |
5.2 Taxes Applicable to Businesses | 835 |
5.3 Available Tax Credits/Incentives | 836 |
5.4 Tax Consolidation | 836 |
5.5 Thin Capitalisation Rules and Other Limitations | 836 |
5.6 Transfer Pricing | 836 |
5.7 Anti-Evasion Rules | 837 |
5.8 Tariffs | 837 |
6. Competition Law | 838 |
6.1 Merger Control Notification | 838 |
6.2 Merger Control Procedure | 838 |
6.3 Cartels | 838 |
6.4 Abuse of Dominant Position | 839 |
7. Intellectual Property | 839 |
7.1 Patents | 839 |
7.2 Trade Marks | 840 |
7.3 Industrial Design | 840 |
7.4 Copyright | 841 |
7.5 Others | 841 |
8. Data Protection | 841 |
8.1 Applicable Regulations | 841 |
8.2 Geographical Scope | 842 |
8.3 Role and Authority of the Data Protection Agency | 842 |
9. Looking Forward | 843 |
9.1 Upcoming Legal Reforms | 843 |
1. Legal System | 856 |
1.1 Legal System and Judicial Order | 856 |
2. Restrictions on Foreign Investments | 856 |
2.1 Approval of Foreign Investments | 856 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 857 |
2.3 Commitments Required From Foreign Investors | 857 |
2.4 Right to Appeal | 857 |
3. Corporate Vehicles | 857 |
3.1 Most Common Forms of Legal Entity | 857 |
3.2 Incorporation Process | 858 |
3.3 Ongoing Reporting and Disclosure Obligations | 860 |
3.4 Management Structures | 860 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 860 |
4. Employment Law | 861 |
4.1 Nature of Applicable Regulations | 861 |
4.2 Characteristics of Employment Contracts | 862 |
4.3 Working Time | 862 |
4.4 Termination of Employment Contracts | 863 |
4.5 Employee Representations | 864 |
5. Tax Law | 865 |
5.1 Taxes Applicable to Employees/Employers | 865 |
5.2 Taxes Applicable to Businesses | 865 |
5.3 Available Tax Credits/Incentives | 866 |
5.4 Tax Consolidation | 866 |
5.5 Thin Capitalisation Rules and Other Limitations | 867 |
5.6 Transfer Pricing | 867 |
5.7 Anti-Evasion Rules | 868 |
5.8 Tariffs | 868 |
6. Competition Law | 869 |
6.1 Merger Control Notification | 869 |
6.2 Merger Control Procedure | 869 |
6.3 Cartels | 870 |
6.4 Abuse of Dominant Position | 871 |
7. Intellectual Property | 871 |
7.1 Patents | 871 |
7.2 Trade Marks | 872 |
7.3 Industrial Design | 872 |
7.4 Copyright | 873 |
7.5 Others | 874 |
8. Data Protection | 874 |
8.1 Applicable Regulations | 874 |
8.2 Geographical Scope | 874 |
8.3 Role and Authority of the Data Protection Agency | 875 |
9. Looking Forward | 875 |
9.1 Upcoming Legal Reforms | 875 |
1. Legal System | 901 |
1.1 Legal System and Judicial Order | 901 |
2. Restrictions on Foreign Investments | 901 |
2.1 Approval of Foreign Investments | 901 |
2.2 Procedure and Sanctions in the Event of Non-Compliance | 902 |
2.3 Commitments Required From Foreign Investors | 902 |
2.4 Right to Appeal | 902 |
3. Corporate Vehicles | 902 |
3.1 Most Common Forms of Legal Entity | 902 |
3.2 Incorporation Process | 904 |
3.3 Ongoing Reporting and Disclosure Obligations | 905 |
3.4 Management Structures | 906 |
3.5 Directors’, Officers’ and Shareholders’ Liability | 907 |
4. Employment Law | 907 |
4.1 Nature of Applicable Regulations | 907 |
4.2 Characteristics of Employment Contracts | 908 |
4.3 Working Time | 908 |
4.4 Termination of Employment Contracts | 909 |
4.5 Employee Representations | 911 |
5. Tax Law | 912 |
5.1 Taxes Applicable to Employees/Employers | 912 |
5.2 Taxes Applicable to Businesses | 913 |
5.3 Available Tax Credits/Incentives | 915 |
5.4 Tax Consolidation | 916 |
5.5 Thin Capitalisation Rules and Other Limitations | 916 |
5.6 Transfer Pricing | 916 |
5.7 Anti-Evasion Rules | 916 |
5.8 Tariffs | 916 |
6. Competition Law | 918 |
6.1 Merger Control Notification | 918 |
6.2 Merger Control Procedure | 918 |
6.3 Cartels | 918 |
6.4 Abuse of Dominant Position | 919 |
7. Intellectual Property | 920 |
7.1 Patents | 920 |
7.2 Trade Marks | 920 |
7.3 Industrial Design | 921 |
7.4 Copyright | 921 |
7.5 Others | 922 |
8. Data Protection | 922 |
8.1 Applicable Regulations | 922 |
8.2 Geographical Scope | 922 |
8.3 Role and Authority of the Data Protection Agency | 922 |
9. Looking Forward | 923 |
9.1 Upcoming Legal Reforms | 923 |
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