10 Nov 2023

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

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...

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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The main differences between a subsidiary and a branch of a foreign company

Posted by Niki Plyta

in Company Law, Special topics

A branch has no separate legal personality. Although it acquires a tax registration number and may also acquire a social security number for employing workforce, the lack of separate legal personality means that the legal entity which has the rights and obligations vis-à-vis third parties (debtors, creditors, employees, the state) will be the foreign company i.e. the head office in the home country. In the case of a subsidiary, the “parent” entity owns shares in a separate newly incorporated company which will be subject to rights and obligations in its own name. This means that the local business will be...

01 Dec 2022

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Provisions regarding personnel of security service providers

Posted by Niki Plyta

in Company Law, Special topics

Law provisions, regarding the personnel engaged in legal entities providing security services, based on L. 2518/1997, as this law has been amended and is currently in force, provide the below: Article 3 of Greek Law 2518/1997, as amended and completed by Greek Law 3707/2008, provides a clear guide of the conditions to be met, and more specifically: 1. Security personnel shall be required to hold a category A or category B work permit depending on the activities they are to perform. 2. The personnel of private security service providers for the activities referred to in cases a', b', c', d', e', f', g'...

01 Dec 2022

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Legal framework for the licensing and operation of security service providers

Posted by Niki Plyta

in Company Law, Special topics

The main legal framework regulating the terms and conditions for the operation of private security service provision businesses in Greece is Law 2518/1997, as amended and completed by L. 3707/2008. More specifically, according to article 1 of the law, a private business for the provision of security services is the private business, either run by an individual or by a company, that provide to third parties one or more of the following services: a) surveillance or guard of mobile or immobile assets and facilities, b) protection of individuals, c) secure transfer by special configured armored vehicles of money, antiquities, works of art and valuable...

29 Jul 2022

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Offices of Law 89/1967

Posted by Niki Plyta

in Company Law, Special topics

This is a brief presentation of the legal framework of the operation of Law 89/1967, according to which foreign and Greek companies may be established in Greece, through an office or branch, for the sole purpose of providing to their head offices or to affiliated companies not established in Greece specific services set forth by law providing them with a favourable tax regime and further aid, as we will mention below. Legislative framework of Law 89/1967 More specifically, the offices or branches of Law 89/1967 may provide to their head offices advisory services, central accounting support, quality control of production, products, processes...

28 Jan 2022

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Private Company (I.K.E.) – main characteristics

Posted by Niki Plyta

in Company Law, Special topics

The Private Company (P.C or I.K.E.) also know as Private Capital Company, is a relatively new form of commercial company introduced in the Greek legal framework by virtue of Law 4072/2012. We have collected its main characteristics in the following bullet point list: Separate legal personality: The Private Company enjoys a separate legal and commercial entity from its members (as they are not considered merchants per se), and can act separately from its members (e.g. can own property and incur debts) Establishment: The minimum requirement for the establishment of a Private Company is a private agreement providing the Articles of Association...

08 Mar 2021

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Practical guide on minority rights of shareholders in S.A. companies

Posted by Έλενα Μπατάλα

in Company Law, Special topics

Practical guide on minority rights of shareholders in S.A. companies (Articles are to Law 4548/2018) (i) What rights does ownership of a 1 share give the holder under Greek laws 1) The right to vote in the General Assembly (art. 36). 2) The right to participate to the General Assembly by proxy (art. 128 par. 1). 3) In case of share capital raise, the pre-emptive right to subscribe for the new shares pro rata to his/her shareholding (art. 26). 4) The right to receive information from BoD for the company affairs in case this information is useful for the real assessment of the GA agenda...

15 Jun 2020

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Establishment of a foreign shipping company’s office in Greece (L. 27/1975)

Posted by Έλενα Μπατάλα

in Company Law, Special topics

According to Article 25 of Law 27/1975, “By decision of the Ministers of Finance, Development, Competitiveness, Infrastructure, Transport and Networks and Shipping and the Aegean, specific issues are regulated, related to the required supporting documents and the procedure for the establishment of offices in Greece or branches of foreign shipping companies, as well as any other necessary details”. According to no. 3122.18/03/13 – Government Gazette B 3263 / 20.12.2013 – Regulation of details concerning the required supporting documents and the procedure for the establishment in Greece of offices or branches of foreign shipping companies and subordination of domestic shipping companies to...

06 Mar 2019

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Law firm structures under Greek law

Posted by Niki Plyta

in Company Law, Special topics

Establishment of a Law Firm under Greek law The Articles of Incorporation include at least the purpose, the Partners,the representation, the required quorum and majority, dissolution...

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