Magazine LGP News 11
New market abuse regime (MAR) brings tougher sanctions - Special audit: an effective tool for a company’s Supervisory board - Corporate risk provisioning will keep you out of the dock - Intervies: nothing but the truth! - How to overcome cross-cultural barriers in legal business communication - Outsourced public services entities: a complex field of activity seen from the legal perspective - Promotion of investment in Kazakhstan - Interview: The right time to invest in Slovakia - Changes to Slovakia’s civil and administrative proceedings code - Ready for investment opportunities: discover Macedonia! - China M&A – what factors need to be considered? - To be or not to be a tax resident?
Copies available from 20 December 2016: mailinglist@lansky.at
Read issue 02/2016 ("Diversity as an Asset")
New market abuse regime brings tougher sanctions
The Market Abuse Regulation (“MAR”) has been in force in all EU Member States since 3 June 2016. This unified legal framework contains provisions that can be directly used to combat market abuse – and tightens things up substantially. The new EU market abuse regime lays new foundations for the key components of capital markets law (insider trading law, ad-hoc publicity, ban on market manipulation, directors’ dealings). For the first time ever, Member States are obliged to establish judicial penalties for particularly serious cases.
Special audit – an effective tool for a company’s Supervisory Board
The austrian Stock Corporation Act (Aktiengesetz) provides but a brief description of the main duty of a Supervisory Board: supervising a company’s management. This does not just involve supervision per se: it also encompasses playing a part in the business and the decision-making process, along with planning and strategic guidance.
Corporate risk provisioning will keep you out of the dock
Since 2006, companies have also been at risk of adverse penal consequences. If you are in a management position but have not yet made provisions within your company to cover it in the event that regulations are breached, you need to think again.
Nothing but the truth!
- Prof. Kenneth Thau mit Interviewer Bertold G. Kemptner, Rechtsanwalt LGP
"A layperson’s “common sense” can be the cause of errors of judgement – and it happens more often than one would think. It has been proved that laypeople correctly assess whether someone is credible or not in just under 50% of cases. Anyone who has not had specialist training on perceiving and assessing facial expressions, body language, language and language content analysis, is classed as a layperson." On the art of picking up on lies during questioning, and on the risk of an innocent person being convicted: a wide-ranging expert interview with the psychiatrist Prof. Kenneth Thau.
How to overcome cross-cultural barriers in legal business communication
All international legal business activities involve communication at various levels. Achieving effective cross-cultural communication while working across jurisdictions or with foreign clients is a challenge for lawyers worldwide. In situations of cross-cultural communication, legal experts see themselves confronted with the limits of their own perceptions, interpretation, or evaluations and might suspect that alternative realities are at play.
Outsourced public services entities: a complex field of activity seen from the legal perspective
The transfer of tasks from the state’s organisational units to independent legal entities is an area that has received only little attention so far in the field of legal science. Much work remains to be done. Ultimately, decentralised institutions need legal partners who see situations comprehensively and who can develop complete solutions – sometimes thinking beyond the mere field of law. These partners do not currently exist in the German speaking area or in Austria’s neighbouring states. A guest commentaryof the former Head of the Presidential Section (Präsidialchef) of the Austrian Federal Chancellery, Manfred Matzka.
Cover story: The right time to invest in Slovakia
- Štefan Holý und Martin Jacko, LGP Bratislava
"The current development opens the door for Slovak and international investors to make investments in structurally sound companies. In addition, we have recently noted increased investment activity on the part of Chinese companies and global investment and pension funds. It will be interesting for our Austrian neighbours – because Slovak investors are increasingly turning towards German-speaking countries to seek out interesting targets for investment."
Which sectors does Slovakia score highly in, as a business location within the Eurozone that boasts strong growth? Which new FDI source countries are coming into the picture, and what role do inbound investments from China play? Štefan Holý and Martin Jacko, Managing partners at LGP’s office in Bratislava, talked to LGP News.
Changes to Slovakia’s civil and administrative proceedings code
On 1 July 2016, the first major legislative reform of civil and administrative procedural law in Slovakia in over 50 years took place, heralding a new era for judges and legal professionals.
To be or not to be a tax resident?
A new chapter might be marked for Austria as a location for holding companies. What do the new Russian “de-offshoring” law and the automatic exchange of information to fight tax evasion hold in store for austria, a country popular with holding companies?
Promotion of investment in Kazakhstan
The Republic of Kazakhstan strives to develop strategically-important branches of its economy through foreign direct investment, and to reduce its dependence on exports of raw materials. depending on the individual project, different state supports and tax advantages call for investors.
Ready for investment opportunities: discover Macedonia!
The Republic of Macedonia has made tremendous efforts during the last couple of years in order to create a business friendly “enabling environment” for foreign investors. A guest commentary by Arlind Zeqiri, Minister for Foreign Investments in Macedonia.
China M&A – what factors need to be considered?
As a result of its rapid economic growth, the People’s Republic of China has increasingly transformed from a capital-importing into a capital-exporting country in recent years. Observers expect an increase in the volumes of foreign direct investment from the PRC over the next few years. One of the driving forces behind this is the “Silk Road Initiative” aimed at encouraging both state-owned and private Chinese companies to expand abroad. The following points should therefore be taken into account in every M&A transaction involving Chinese investors on the buyer’s side.
Aktiv: Events@LGP
Neue Geschäftsidee? Finanzierungsmodelle für Start-ups und Innovationen
LGP setzt sich gemeinsam mit dem Banker Michael Ikrath für einen „frischen Wind“ in der Start-up-Szene ein. Bei den ersten beiden LGP Corporate Breakfasts für Start-ups und Investoren am 30. Juni und am 20. Oktober 2016 informierten Managing Partner Ronald Frankl und Michael Ikrath, seit kurzem Of Counsel bei LGP, worauf bei der Finanzierung und rechtlichen Absicherung von neuen Geschäftsideen geachtet werden sollte.
Of victims, perpetrators and everyone in between - book presentation with Barbara Serloth
As part of the book presentation on 15 November 2016, attorney-at-law Julia Andras engaged in a discussion with the political scientist Barbara Serloth. They debated how the Austrian self-image of the “zero hour” excluded Jews as victims of National Socialism, denying them both social and legal protection.
Rethinking Europe – ITKAM Colloquium with professor Romano Prodi
Europe is facing a host of challenges: the outcome of the US election has put Europe in a tight spot, both in terms of economic and trade policy, and in terms of security and defending the continent. The UK electorate voted to leave the European Union, West Balkan countries want to join the EU, Italy’s constitutional referendum puts it on the threshold of a direction changing decision and sanctions against Russia are weakening Europe’s entire economy. ITKAM and LGP invited professor Romano Prodi to present new ways of thinking to confront EU scepticism and euroscepticism and put forward ideas for boosting competitiveness. Joining him in discussion were Emanuele Gatti, President of ITKAM (the German Italian Chamber of Commerce) and former top diplomat Wolfgang Petritsch.
Business Breakfast with BWB Director Theodor Thanner
The Austrian Federal Competition Authority (Bundeswettbewerbsbehörde, BWB) places greater emphasis on increasing awareness and on key compliance points for companies in order to ensure a well-functioning competitive environment. LGP’s Business Breakfast on 1 December 2016 was hosted by Senior Legal Counsel Robert Salfenauer. At the event, the Authority’s director, Theodor Thanner, revealed his first-hand experience of current approaches to ensuring a competitive environment, and set these within an international context. Attorney-at-law Alexander Egger supplemented this with a business perspective.
LGP Talks of the open-ended future of the ban on state aid
Has the traditional concept of state aid served its time? Apple, Starbucks, etc. – the EU is cracking down. The ban on state aid is an effective tool. The European Commission has widereaching powers in this regard – and it’s not afraid to use them liberally. Of course, there are also limits to these powers. But it’s not always easy to say where these limits fall. Sometimes, in hindsight, harmless arrangements reveal themselves to be banned subsidies. Viktor Kreuschitz, a judge in the General Court of the European Union who has been following at this topic for many years, took a critical stance on the issue at the LGP Talks on 12 December 2016. The former Dean of the Faculty of Law of the University of Vienna, Heinz Mayer, moderated the event, and attorney-at-law Alexander Egger expanded on the issue with a legal advisor’s perspective.
AICC invites Israeli Cybersecurity companies to Vienna
On 14 July, Consul for Economic Affairs Yifat Inbar and AICC Secretary General Julia Andras invited data security officers and IT managers from Austrian companies to a boutique fair with cybersecurity experts from Israel.
7th CEE Economic Forum Velden
More than 400 decision-makers from the worlds of business, politics, and the economy met at the CEE Economic Forum Velden at the end of September 2016 in order to network and exchange ideas. The focus this year was on Kazakhstan, which introduced itself to domestic technology suppliers as the host of the Astana EXPO 2017. The slogan for this year’s Forum was “Future Markets – Export, Digitisation, Industry 4.0”. Visitors, including numerous official delegations from Russia, Kazakhstan, Belarus and Serbia, were offered a diverse programme. Managing Partner Gabriel Lansky, who is also the Executive President of the Austrian-Kazakh Society (ÖKG), gave a speech on the market opportunities for Austrian companies in Kazakhstan related to EXPO 2017.
Serbia: opportunities and risks on the road towards the EU
A high-ranking panel hosted by diplomat Wolfgang Petritsch on 27 June 2016 met to discuss the status and prospects of Serbia‘s negotiations for joining the EU. This took place following the shock of Brexit. Among the speakers were Christoph Matznetter (VP Austrian Federal Economic Chambers); Aleksandar Vlahović, President of the Serbian Association of Economists; BDI Executive Board Member Stefan Mair; Alfred Gusenbauer, former Austrian Federal Chancellor; Wolfgang Petritsch, ambassador ret.; Ivan Gros, President of the Senate of Economy of Serbia; Gabriel Lansky, and Hanno Soravia, CEO Soravia Group
25 years of independence for the Republic of Kazakhstan
To celebrate the 25th anniversary of Kazakhstan gaining independence, His Excellency, Ambassador Kairat Sarybay, and the Austrian-Kazakh Society invited guests to a reception at the Ritz-Carlton Hotel in Vienna. Over 100 guests were welcomed by His Excellency Kairat Sarybay, Richard Schenz, Honorary President of the Austrian-Kazakh Society (ÖKG), and Gabriel Lansky, Executive President of the Society. In his official speech, former Austrian Federal Chancellor Franz Vranitzky acknowledged Kazakhstan’s development since achieving independence. Franz Wessig, Director General for Foreign Economic Relations in the Austrian Federal Ministry of the Economy, spoke of the importance of trade relations between Austria and Kazakhstan: “As a leading nation and economic force in the region, Kazakhstan is of major importance in terms of Austria’s foreign trade. We expect further momentum to be provided by EXPO 2017, which is taking place in Astana.”