07 Dec 2023

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Support in the recruitment process of a non EU citizen

As a crossroads of trade routes, Greece is a host country for many migrants, therefore the Immigration Code, as it is in force, reflects and regulates the economic and social changes that occur in the movement of populations. A basic, if not the most basic reason for the movement of non-EU citizens is to find employment, but also more specialised employment for non-EU citizens who move to Greece as specialised personnel and in the context of more specialised forms of employment. The Immigration Code currently in force is governed by Law no. 4251/2014, as amended and in force, however Law...

29 Nov 2023

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Liability of directors of Greek companies for taxes and social security contributions

Posted by Niki Plyta

in Tax Law, Special topics

Α. tax obligations (Article 50 of Law 4987/2022) The individuals who are executive presidents, directors, general managers, administrators, managing directors, authorized to manage and liquidators of legal persons and legal entities, as well as the individuals who exercise the management or administration of a legal person or legal entity, are personally and jointly liable for the payment of income tax, withholding tax, any imputed tax, VAT and ENFIA, imposed to these legal persons and legal entities, regardless of the time of the tax assessment, as well as for interest, fines, surcharges and any administrative monetary sanctions imposed on them, as long...

10 Nov 2023

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Available tools for research of the solvency of a company under Greek law

Posted by Niki Plyta

in Company Law, Special topics

The purpose of a lawsuit before the courts is for the plaintiff to be able to eventually satisfy his claims, which mainly depends on whether the defendant appears with any kind of property. Therefore, a proactive check on the credibility, solvency and potential assets of the defendant is vital for the substantially successful outcome of a legal dispute. As a result, this preliminary check consists of the following steps: Check on the real estate property of the company Research via the electronic platform of the Hellenic Cadastral (for the areas where available) or research in person at Land Registries for...

18 Sep 2023

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The operation of trust under Greek law

Posted by Niki Plyta

in Civil Law, Special topics

Since Article 1923(1) of the Hellenic Civil Code states that the testator may oblige the heir to surrender the inheritance acquired or a percentage thereof to another (the beneficiary under trust) after a specific event or a specific point in time. As is clear from this provision, in addition to making a person his direct heir who immediately acquires the inheritance after his death, the testator can also designate an indirect general successor, the beneficiary under trust, who is heir subject to a deadline/condition precedent, which is met after the death of the testator, which corresponds to a deadline/condition subsequent...

18 Sep 2023

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The rules of intestate succession under Greek law

Posted by Niki Plyta

in Civil Law, Special topics

Where there is an inheritance under Greek law without a will (intestate succession) there are six ranks which are used to determine who is called upon to inherit the estate first, second, third, fourth, fifth and sixth, so that they can either accept or relinquish the inheritance. If the first rank is called, the ranks below will be disqualified. In other words, if the heirs of the first class are called upon to inherit, the heirs in second, third, fourth, and other ranks are excluded. If the heirs of one rank decline or forfeit their inheritance in any manner, the...

18 Sep 2023

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Legal guardianship under Greek law

Posted by Niki Plyta

in Civil Law, Special topics

Legal guardianship is regulated by Articles 1666 to 1694 of the Hellenic Civil Code and is defined as responsible handling of issues of legal importance for an adult who has such manner of disease (mental or intellectual disorder or physical disability) that de facto he is unable to handle his own affairs. It must be ordered by a court (and therefore no person can be placed in legal guardianship on the basis of the private will/intention of another) which alone can determine its form and extent. The Single-Member Court of First Instance at the assisted person’s normal place of residence...

18 Sep 2023

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Executor of will : who can this person be, and what are his powers?

Posted by Niki Plyta

in Civil Law, Special topics

Article 2017 of the Hellenic Civil Code states that an executor for the will is only to be appointed by the testator and only if there is a will. Appointment is made exclusively by the testator of the estate and cannot be dependent on the opinion of a third party (such as an heir). The appointment of the executor of the will cannot be done by means of an inter vivos deed entered into by the testator but only by the will and consequently in that regard it follows the terms and conditions under which a will is valid. Article 2018...

15 Sep 2023

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Setting up a branch of a foreign company in Greece

Posted by Niki Plyta

in Company Law, Special topics

Foreign direct investment has become a common practice and setting up a branch is a common way of doing business in Greece for foreign business entities. The establishment of branches of foreign companies in Greece is governed by the provisions of Greek Law 4919/2022 (articles 36-45). According to the above provisions, the types that can establish a branch in Greece (article 16 of L 4919/2022) are: A) foreign companies with registered offices in a member state of the European Union (EU) in the form of a company limited by shares S.A., a limited liability company and a limited partnership with limited...

15 Sep 2023

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Conditions under Greek law for the validity of a will which has been made abroad

Posted by Niki Plyta

in Civil Law, Special topics

In the case of a will which was prepared in a country other than Greece, what needs to be clarified is the applicable law under which the validity of the will is ascertained. According to Article 11 of the Hellenic Civil Code, a legal transaction is formally valid in procedural terms if it is in accordance with either the law governing its content or the law of the place where it is entered into or the national law of all the parties. An example of such a transaction is a will. Under the provisions of Article 28 of the Hellenic Civil...

15 Sep 2023

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Rules governing the publication of wills under Greek law

Posted by Niki Plyta

in Civil Law, Special topics

From the moment the testator passes away, there is a need to obtain probate for any will he may have left behind. This is a public policy requirement and the reasons which require probate for the testator’s last will relate to the security of transactions and the fate of individual assets. Grant of probate for the will is in the public interest and for that reason any provision of the will which precludes the granting of probate is null and void. Articles 1769, 1774 and 1775 of the Hellenic Civil Code establish a public law obligation for the holder of a...

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