PROFILE / THE AUTHORITY TO LEGALLY BIND GREEK LEGAL ENTITIES

When you are about to sign a contract with a Greek legal entity, apart from the negotiation of its terms, it is essential to check the homologation of the persons signing on behalf of that legal entity. If we omit the above we bear the risk of either having a contract signed by persons who were not authorized to do so and consequently cannot bind the legal entity or of not having the necessary information in case you need to initiate legal proceedings regarding the contract in question.

Below there is a list with the legal entities and the homologation documents that we must request from the contracting party before or at the time of signing a contract.

Some of these homologation documents should according to law be publicized and thus can in exceptional cases be found through the public authorities.


   S.A. company - Law 2190/1920
   Limited Liability Company Single Member Limited Liability Company
   Partnership (O.E. company)Limited liability Partnership (E.E. company)
   Joint Venture
   Civil Company Non - Profit
   Civil Company with Legal Entity and Economic Character (article 784 of
   Greek Civil Code
   Branch of a Foreign Company in Greece
   European Company (EC Regulation 2157/2001)
   Sole Trader
   Cypriot Limited Company



S.A. company - Law 2190/1920 | top

  •  Homologation Documents
    1. a copy of the Government's Gazette indicating the incorporation of the company,
    2. a copy of the Government's Gazette indicating the representation of the company,
    3. Memorandum of Association (drafted by a Notary Public),
    4. a copy of the endorsement of the Memorandum of Association and of the granting of the license of operation awarded by the supervisory authority (Prefecture).
  •  We may also find copies of Government's Gazette directly from the National      Printing House, provided that we know the registry number (Ań. M.A.E.) of the      societe anonyme in question or its full company title.



    Limited Liability Company Single Member Limited Liability Company | top

  •  Homologation Documents
    1. a copy of the Government's Gazette indicating the incorporation of the company,
    2. Memorandum of Association (drafted by a Notary Public),
    3. a certificate that indicates any modifications related to the company from the Companies' Registry (this is kept in the archives of the competent Court of First Instance).
  •  The Government's Gazette indicating the incorporation of the company may be      acquired from the National Printing House.

  •  The Memorandum of Association and the certificate containing any possible      modifications may be found from the competent Court of First Instance within
         3-4 working days.



    Partnership (O.E. company)Limited liability Partnership (E.E. company) | top

  •  Homologation Documents
    1. Memorandum of Association (Private Agreement Contract),
    2. Any amendments of the Memorandum of Association,
    3. A certificate that indicates any modifications related to the company from the Companies' Registry (this is kept in the competent Court of First Instance).
  •  The Memorandum of Association and the certificate containing any possible      modifications may be found from the competent Court of First Instance within
         3-4 working days.



    Joint Venture | top

  •  Homologation Documents

         A private agreement document which must be authenticated by the competent      Tax Authority.
         N.B: There is no other obligation to submit the document of the incorporation of      the joint venture to any other publicity.

  •  We must ask for a copy of the Memorandum of Association of the Joint Venture      from the contracting party. It is advisable that such copy is certified by a lawyer.



    Civil Company Non - Profit | top

  •  Homologation Documents

         The contract of the company provided that it has been drafted in writing.

  •  The above mentioned contract may be found at the registry of the Court of First      Instance, provided that the full name of the company and the year of its      incorporation are known to us.



    Civil Company with Legal Entity and Economic Character (article 784 of Greek Civil Code | top

  •  Homologation Documents

         Memorandum of Association (it must be drafted either before a Notary Public or      by a private agreement contract).

  •  The Memorandum of Association can be found in the registry of the Court of First      Instance, provided that the registration number is known to us. If the      registration number is not known to us, we must at least be in possession of the      company's full title and year of incorporation, in order to be able to find data      regarding the company in question.



    Branch of a Foreign Company in Greece | top

  •  Homologation Documents
    1. Memorandum of Association translated
    2. Certificate of Incorporation (issued by the competent foreign authority - translated)
    3. Certificate of Good Standing (issued by the competent foreign authority - translated)
    4. Minutes of the company that appoint the legal representative and the relative power of attorney).
    5. Prefecture's Decision that grants the license to operate in Greece. The copy of the Government's Gazette that indicates the Prefecture's Decision granting the operation license may be found in the National Printing House, provided that the company's full title is known to us. It might be very difficult to find the rest of the homologation documents, depending always on the legislation of the country in question.


    European Company (EC Regulation 2157/2001) | top

  •  Homologation Documents

         With the proviso of EC Regulation 2157/2001, the incorporation of the European      Company (SE) is governed by the legislation on Societes Anonymes of the      member state in which the SE has its head office. The actions and the data which      are subject to publication are publicized under the procedures of the legislation      of the member state where the SE has its head offices, according to Directive      68/151/EEC.

  •  Memorandum of Association
         After the publication of the SE in the relative register, the record is also      publicized in the Formal Gazette of the European Communities, and includes      the company's full title, its registration number, the date and place of      registration, the date, the place and the title of publication, as well as the      company's head office and the SE's particular sector of activity.



    Sole Trader | top

    There is no separate legal personality but you may still control the legitimate exercise of a business activity

  •  Document to request
         a copy of the "initiation of taxable activies"

         We must ask for a copy of the "initiation of trading" issued by the competent tax      authority. The copy in question must be certified by a lawyer.



    Cypriot Limited Company | top

  •  Homologation Documents
    1. Memorandum of Association
    2. Certificate of Incorporation
    3. Certificate of Directors
    4. Certificate of registered office
        Any interested party may request a copy of these documents from the     Companies' Provost in Cyprus; provided that the company's full title is known to     him/her.