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Brazil: Liability Of Former Members For Debts Of Limited-Liability Companies

July 2022 – Brazil – Rossetti Advogados As a rule, in limited-liability companies the members are not liable for the obligations assumed by the company. In fact, companies have what is called “legal personality,” which results in acknowledgment of their separation and independence from their members. However, in certain situations the law permits the piercing…

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Austria: The End of the Austrian Limited

May 2022 – Austria – TAIYO Legal In order to circumvent the capital raising requirements of the Austrian Limited liability company (GmbH), it was common practice for Austrian businesses to establish a Limited Liability Company in the UK. Once the LLC was established for a few Euros, a branch office was set up in Austria. The main business then…

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Brazil: Changes In The Rules On The Public Registration Of Companies

May 2022 – Brazil – Rossetti Advogados The National Corporate Registration Department of the Ministry of Economy (“DREI”) enacted, by means of Normative Instruction No. 112 of January 20, 2022 (“IN No. 112”), measures that change the rules for the public registration of companies, seeking to benefit businesspersons and entrepreneurs. One of the measures is…

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BRAZIL: ANNUAL APPROVAL OF MANAGEMENT DOCUMENTS

April 2022 – Brazil – Rossetti Advogados In Brazil, pursuant to article 132 of Law 6.404/76 (“Corporation Law“) and to article 1.078 of the Brazilian Civil Code, corporations and limited-liability companies must, at least once a year, during the four months following the end of their fiscal year, call and hold the Annual Shareholders’ Meeting (“AGO”) or…

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Austria: Inadmissible contract clauses in building savings contracts

April 2022 – Austria – TAIYO Legal In a recent decision, the Austrian Supreme Court dealt with contractual clauses in building savings contracts. As a rule, these contracts were concluded for a term of six years. An account management fee was charged for each calendar year started. If the agreed term was not adhered to…

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Austria: Late Withdrawal from Cash Value Life Insurances

March 2022 – Austria – TAIYO Legal When cash value life insurance policies are taken out, the insurer has a duty to provide information. In the event of violations, policyholders could still demand a refund years later – usually when the insurance performed poorly. To stop this practice, the law was amended in 2018. Under the new rule, one only got…

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BRAZIL: Mandatory statements to be submitted to the Central Bank of Brazil

March 2022 – Brazil – Rossetti Advogados Every year, companies with member(s) resident outside Brazil or with investment abroad must submit some statements to the Central Bank of Brazil (BACEN), by means of the Electronic Statement Registration system (RDE-IED). These statements are focused on the amounts invested in Brazil by non-residents, as well as on…

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Austria: Consumers to be repaid debit interest for deferred loans

February 2022 – Austria – TAIYO Legal In order to provide financial relief to consumers who had become unemployed or were on short- time work as a result of the pandemic, a statutory deferral of loan installments for consumer credit agreements was passed at the beginning of 2020 (cf. Section 2 2nd COVID-19-Justice Accompanying Act). Nevertheless, some banks continued…

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Israel: GRS Law 1/22

Law 1/22 was published on February 1, 2022, providing a new legal responsibility for layers to secure their clients information. The lawyer will be required to test the credibility of his suppliers and will have to prepare for a cyber-attack. Also, the lawyer will be obligated to undergo training in information security. Failure to comply…

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