Publicación de ISDIN

Hello, 💡 All companies, associations and foundations that existed prior to 1 May 2019, were required to adapt their articles of association to the new Code of Companies and Associations (CCA), by 1 January 2024 at the latest. 🔍 What are the consequences should they have failed to comply with this deadline? 👇 Explore the article below, where Jean-François Mouchet (BE) from PwC Legal Belgium shares his expert insights.

It goes without saying that the end of the #CBER is a major change to the application of #maritime #competition law. The #consortia advisors need to re-calibrate their view on the market and the law.   The lines and their advisors should not take the Commission’s comments in the Staff Working Document lightly. The Commission notes in its Conclusions (p.57-59):   "The evidence collected from carriers points towards the – at best limited – effectiveness and efficiency of the CBER during the evaluation period. Indeed, both the small number of unique consortia falling within the scope of the CBER in 2020 (13 out of 43) and the profile of these consortia (always involving one of the top-five carriers which was also a member of a non-exempted consortium on the same trade) tend to show that the CBER brought limited compliance cost savings to carriers and was no longer serving its objective. This objective was to facilitate the creation and operation of pro-competitive consortia, in particular between small- and medium-sized carriers. In addition, carriers submit that the key terms of the CBER are clear, unambiguous and accessible to all carriers, in particular small ones. However, their feedback tends to show diverging interpretations of the CBER, even among large carriers with proven antitrust experience and compliance resources. Finally, carriers confirm that the decision to enter into a consortium is guided by commercial needs and that antitrust rules play – at most – a subordinate role…   With regard to the first part of the assessment, the evidence submitted by carriers to support the claimed efficiencies is inconclusive, due in particular to the impossibility of overcoming certain methodological limitations."   This is also bad news for any previous self-assessments for all consortia that fell out of the scope of the CBER (to the extent such self-assessments exist). If the evidence provided to maintain the CBER for consortia not exceeding 30 % was not conclusive, this evidence will not be conclusive to justify consortia with even higher market shares. European Maritime Law Organisation CMS Deutschland https://lnkd.in/eaKeNn-Y

CSDDD at last and great news!! (depending a bit on the final text that we don't know yet). The> €450 million worldwide turnover threshold makes CSDDD applicable to approximately the 200 largest companies in Denmark. This could be seen as just a few companies. However, the CSDDD now establishes due diligence not only as a principle that companies should report on but also as a legal standard for companies which is still an important step in the right direction for people and the planet, and for the companies themselves. The next step, after its adoption in the EU Parliament, is the implementation of the directive in national legislation.

Companies doing business in Poland are undoubtedly aware of the complexities of SAF-T. Let us help cut through some of the confusion with our free SAF-T Framework: https://lnkd.in/eHTR7vaN

Don't get caught out by SAF-T or other VAT reporting obligations. Take a look at this webinar to get your questions answered. #Belgium #France #Switzerland #denmark #Netherlands #VAT #VATreporting #webinar

📈 Stay ahead of the curve with PwC's support as the PEM Convention undergoes revisions. Our team is ready to assist you in reviewing product origin status, assessing impacts on sourcing strategies, updating documentation, and staying informed on regulatory changes. Learn more about how we can help navigate these updates in our latest blog post. https://lnkd.in/dEHDUqXS #PEMConvention #RulesofOrigin #Customs

𝐏𝐥𝐨𝐮𝐦 𝐀𝐜𝐚𝐝𝐞𝐦𝐲 𝐊𝐞𝐲 𝐏𝐨𝐢𝐧𝐭𝐬 𝐨𝐟 (𝐀𝐢𝐫 𝐏𝐚𝐬𝐬𝐞𝐧𝐠𝐞𝐫 𝐑𝐢𝐠𝐡𝐭𝐬 𝐮𝐧𝐝𝐞𝐫) 𝐑𝐞𝐠𝐮𝐥𝐚𝐭𝐢𝐨𝐧 (𝐄𝐂) 𝐍𝐨 𝟐𝟔𝟏/𝟐𝟎𝟎𝟒 | 𝟒 𝐉𝐮𝐥𝐲 𝟐𝟎𝟐𝟒 This seminar will provide an insightful exploration of Regulation (EC) No 261/2004 from a Dutch law perspective. Our focus will be on the interpretation of “extraordinary circumstances” under Dutch case law, with a special emphasis on recent developments such as the impact of COVID-19. We will also discuss the implications of Brexit on the applicability of this Regulation. 𝐊𝐞𝐲 𝐭𝐨𝐩𝐢𝐜𝐬 𝐢𝐧𝐜𝐥𝐮𝐝𝐞: ◆ An overview of Regulation 261/2004 and its objectives; ◆ Examining the definition of “extraordinary circumstances” in article 5(3) of Regulation 261/2004 (with a special focus on COVID-19); ◆ Reviewing relevant case law at both National and European levels; ◆ Discussing the implications of Brexit on the application of Regulation 261/2004; ◆ Providing an overview of the Montreal Convention insofar it regards passenger and luggage claims. 𝐏𝐥𝐞𝐚𝐬𝐞 𝐧𝐨𝐭𝐞! 𝐓𝐡𝐢𝐬 𝐜𝐨𝐮𝐫𝐬𝐞 𝐢𝐬 𝐩𝐫𝐞𝐬𝐞𝐧𝐭𝐞𝐝 𝐢𝐧 𝐄𝐧𝐠𝐥𝐢𝐬𝐡. Sign up: https://lnkd.in/eVYxeb8D

What does the adoption of a watered-down #CSDDD mean for business? Uncertainty. There will be a lot of talk about corporate power winning, as the re-re-re-renegotiated scope means fewer businesses being impacted and a narrower idea of supply chain obligations. But this isn’t good for business, which is why so many large multinationals argued in favour of the CSDDD 🤩 In reality, it has been watered down by EU sceptics, that hold a disproportionate amount of power in their national governments 😒 Why will it lead to uncertainty? Because the businesses impacted by the law will pass on the costs to their suppliers. They will require increased data and action from their suppliers, and will likely make strong evidence of due diligence a prerequisite of doing business with them. Suppliers, including SMEs, will not know about these requirements until they see them imposed, and could end up losing business as they cannot demonstrate due diligence quickly enough. It’s going to be an unpredictable headache 🤕 I also don’t think this is enough to harmonise national legislation in the EU. It may lead to governments who want stronger controls, putting in place additional mandatory due diligence laws with additional requirements, leading to companies having to navigate a patchwork of obligations and reporting requirements. It will be interesting to see if Norway and Germany adapt their mandatory due diligence laws in light of the CSDDD 🔍 What this all means is that the best way to beat the uncertainty, even for SMEs, is probably to implement due diligence to the fullest extent possible, in line with the OECD Due Diligence Guidelines and the UN Guiding Principles. By doing this, they can create some certainty for themselves, as they will have all bases covered ⚾

As a company operating internationally, you always need to take care of compliance for your employees working in different countries 🌍 But what about the requirements for your company itself? These are regularly overlooked, causing serious consequences and exposure 📝 During the third – free! – webinar of our IMS series*, our international tax experts will tell you all you need to know about the compliance rules for your company in this context, with a focus on Permanent Establishment exposure. Register here and guard yourself from serious exposure and negative consequences ▶ https://okt.to/VWU1B0 *The International Mobility Services (IMS) series are short, in-depth, free webinars in which we discuss the legal framework, best practices and opportunities in the fast-changing world of global mobility. #IMS #PE #crossborder #webinar

The world’s strictest #supplychain law is now relevant for more non-German companies. Organisations that now fall within the law’s scope include those with branches in #Germany that have at least a thousand employees. But it is interesting to note that it is still not clear whether a company now falling within the ‘obligated entities’ definition has to apply the German law to its other subsidiaries. Specific guidance is being sought from the relevant ministry.   The law provides the legal framework for due diligence obligations of companies regarding observance of human rights and environmental protection along the entire supply chain. Companies have to report on #transparency, #sustainability and fair working conditions and risk legal and financial consequences – not to mention reputational damage – if they do not report as required.   LINGUA LEGIS has dedicated teams for sustainability and #corporategovernance that can help you to efficiently meet these reporting requirements. Contact us at [email protected] to see how we can help you ensure consistent linguistic communication for the whole of your organisation.   #SupplyChainAct #LkSG #ESG #Freshfields #LinguaLegis #ConsiderItDone #TheyPromiseWeDeliver #CorporateLanguageServices #PremiumTranslation #FinancialTranslation #LegalTranslation #CorporateServices