Member Publications 5 - ALFA International

HunterMaclean Article: Corporate Transparency Act: Will You Need to Register Your Business After January 1, 2024?

January 6, 2023

The Corporate Transparency Act (CTA) will become effective January 1, 2024. The CTA was enacted on January 1, 2021, as part of the National Defense Authorization Act for Fiscal Year 2021. In the interim period, the Department of Treasury (FinCEN) released its proposed regulations, provided a comment period, and then released its final regulations on September 30, 2022. The CTA is groundbreaking. …

Buigas (Spain) Article: Start-Up Law

January 3, 2023

On December 22nd the Official Spanish Gazette (BOE) published Law 28/2022 dated on December 21st to foster the start-up ecosystem in Spain, also known as the new “Start-up Law”. The most relevant tax, commercial and labour measures introduced in the law are summarised below: 1.- Tax summary of start-ups and their investors and workers 1.1.- Start-ups Start-ups are…

Tiefenbacher (Germany) Article: Does the Never-Ending Story of the German Federal Labor Court’s and ECJ’s Vacation Case Law Lead to Never-Ending Vacation Claims?

December 22, 2022

We have already informed you several times in the past about landmark rulings of the Federal Labor Court (hereinafter: "BAG") and the European Court of Justice (hereinafter: "ECJ") on issues of vacation law. This has developed rapidly since 2009 under the influence of European law due to numerous decisions of the ECJ and the BAG. These often concerned the carryover periods for vacation not taken (…

Ong’anya Ombo Advocates LLP (Kenya): Corporate Structuring & Immigration, Kenya

December 12, 2022

Ong’anya Ombo Advocates LLP is a full-service law firm providing dedicated and curated legal services to Kenyan and International clients. Some of our key areas of practice are Corporate Law, Corporate Immigration, Individual Immigration, Tax Law, and Cross-Border Practice. The sub-categories under these fields include corporate (re)structuring, tax (re)structuring, development of an internationa…

Tiefenbacher (Germany) Article: German Federal Labor Court Obliges Employers to Introduce Time Recording Systems

December 8, 2022

Already in mid-September of 2022, it was said the German Federal Labor Court (Bundesarbeitsgericht, in the following “BAG”) in Erfurt dropped a bombshell, when the press release of the decision 1 ABR 22/21 was published. From the statements made there, it was often assumed – not yet knowing the reasoning of the decision – that employers have the direct obligation to record the working hours of the…

Baker Sterchi Cowden & Rice L.L.C.: Missouri Legalizes Marijuana: How Amendment 3 Could Change the Workplace

December 8, 2022

December 8, 2022 On Election Day 2022, Missouri voters passed Constitutional Amendment 3, which, among other things, decriminalizes the purchase, possession, and use of marijuana for recreational and personal purposes. The measure goes into effect December 8 and contains important provisions employers must immediately grapple with: Employers may not discriminate against a person in hiring, fir…

Kochhar & Co. (India): Technology Law Advisory – Digital Personal Data Protection Bill, 2022

November 28, 2022

November 28, 2022 On November 18, 2022, the Government of India released the long awaited fourth draft of India’s proposed privacy law, now renamed as the Digital Personal Data Protection Bill (“Bill”). The Government has sought for feedback on the draft Bill by December 17, 2022. At first glance, the Bill is quite a surprise – it is a completely new draft and not a redraft of the previous versio…

BUREN (The Netherlands): Court of Justice of the European Union ruling: Invalidity of Public Accessibility of UBO Register

November 25, 2022

On 22 November 2022, following preliminary questions from the Luxembourg Court, the Court of Justice of the European Union (’’CJEU’’) issued a ruling on the UBO register. In brief, the CJEU is of the view that the general public accessibility of the UBO register constitutes a serious, disproportionate violation of the fundamental rights to respect for private and family life and the protection of …

Buigas (Spain) Article: On the Moratorium on Dissolution Due to Losses

November 21, 2022

The Capital Companies Act (LSC) articles 363, 365 and 367 establish as cause for dissolution of corporations and limited liability companies when net equity results are reduced by losses below half of the share capital, unless the share capital is increased or reduced sufficiently, and provided that it is not appropriate to request a declaration of bankruptcy, and establishes a liability system of…

Greiter Pegger Kofler & Partners – Georg Huber on the Austrian Amendment to the Cartel and Competition Act