Special topics

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

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

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...

15 Sep 2023

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Will formalities and enforceability of foreign wills under Greek law

in Civil Law, Special topics

The Hellenic Civil Code recognizes both ordinary types of wills and extraordinary types of wills relating to special cases. The most common types of wills are holograph wills (Article 1721 of the Hellenic Civil Code), public wills (Article 1724 of the Hellenic Civil Code) and mystic wills (Article 1738 of the Hellenic Civil Code). The holograph will (Article 1721 of the Hellenic Civil Code) is the simplest way of expressing the last statement of the testator’s intentions since it is prepared by the testator himself without the presence of witnesses. In order to be valid, it must (a) be written (and...

15 Sep 2023

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

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...

06 Jul 2023

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Legal restrictions on the purchase of real estate due to its designation as forest land

in Real Estate, Special topics

Forests and forest areas in Greece are protected and defined by the provisions of the Constitution and by the current Forest Law, including but not limited to: a) Law 998/79, as amended and in force today, according to the provisions that this law replaced the Decree Law 86/1969 (Forest Code), b) Law 3208 /2003, c) Law 3818/2010, d) Law 3889/2010, e) Law 4280/2014, f) Law 4315/2014, g) Law 4351/2015, h) Law 4389/2016, i) Law 4409/2016 [amendment of No. 45], j) Law 4462/2017, k) Law 4467/2017, l) Law 4483/2017 (Article 142), m) Law 4546/2018 (Article 44) and n) Presidential Decree 32/2016....

03 Jul 2023

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Greek tax treatment of interest payments made by a Greek company to a foreign lender company

According to the Greek tax legislation, any interest amount paid by a Greek company to an entity established abroad is subject to a withholding tax at a rate of 15%. The paid withholding tax exhausts the Greek tax liability in the event that the recipient of the above payment, which is subject to withholding tax, is a legal entity that does not have its tax residence and does not maintain a permanent establishment in Greece (par. 4 of article 37 and par. 3 of article 64 of Law 4172/2013, Circular POL.1042/2015). The above applies based on the domestic legislation and is...

03 Jul 2023

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Brief overview of the Greek VAT regime

Main types of supplies subject to VAT in Greece The main types of supplies subject to VAT in Greece are, among others: a) the supply of goods and services carried out within Greece for consideration by a taxable person acting as such in the course of his business; b) the intra-Community acquisitions of goods in Greece for consideration by a taxable person acting in his capacity as such (or by a non-taxable legal entity on the condition that the supplier is subject to VAT in another EU Member State and the non-taxable acquirer has exceeded the IC threshold of Euro 10,000 annually). Especially,...

03 Jul 2023

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Requirements and procedure for the establishment of an office/branch in Greece under article 25 of Law 27/1975

Foreign shipping companies interested in establishing an office or branch in Greece under the provisions of Article 25 of Law 27/1975, are required to submit the following documentation to the Directorate of Maritime Policy and Development of the Ministry of Maritime Affairs: a. An application including the name, type, registered office and nationality of the foreign management company as well as its activity and the specific activities of its office in Greece as well as its representative. The above application will also state that: The company undertakes the obligation to import into Greece an annual foreign exchange, not compulsorily assignable, or...

03 Jul 2023

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Overview of the shipping tax regime in Greece