Lost wages stemming from wrongful termination of employment shall be calculated this way

Act I of 2012 on the Labour Code (the new Labour Code) has significantly amended the rules of employment on many fields. Such an example is wrongful termination of employment.  As from the entry into force of the new regulation, the employee may not claim punitive damages anymore and the claim for reinstatement can rarely be submitted either. The amended regulation considers wrongful termination of employment as damages.

Can the contracts concluded as a result of public procurement procedures be amended?

The answer is yes but under strict conditions. The law seeks to balance the conflicts between two legitimate interests. On one side, there is the interest for using the public funds. In this respect, the conditions of the contracts to be entered have already been clarified when the public procurement is conducted. From the beginning, the tenderers shall know the exact parameters of the competition.

Termination of lease agreement for apartments and premises due to non-payment of rent

The lease agreements for apartments and premises are often terminated by the Lessor giving notice to terminate the lease agreement due to non-payment of the rent. However, it is essential to note that not only the provisions of the Civil Code (both the former and the new), but the provisions of Act LXXVIII of 1993 (Act on Leases) as special regulation shall also be applied.

The deadline for the registration on the company gateway expires today!

On 31 August 2017, the deadline stipulated by legislation expires that all economic operators (in particular all companies limited by shares, limited liability companies and limited partnerships) shall register on the company gateway. The registration is also necessary in addition to fulfilling the legislative obligations since as from 1 January 2018, the economic operators are typically required to communicate with courts, other authorities and public bodies through this portal.

Holding of the general and member’s meeting at a different place than the registered seat of the company

During the operation of a company, it may arise in practice that the members or shareholders intend to hold the meeting of the supreme body at a different place than the registered seat of the company. This was lawfully allowed prior to the entry into force of the new Civil Code and it is also possible currently under the rules of the new Civil Code as well.

Capital increase, which is not directly paid to the companies

As of this summer, as a result of a complex legislative amendment, it is possible to increase the registered capital of a limited liability company or a private company limited by shares by providing cash contribution in a way that the payable amount does not appear either on the petty cash or the payment account of the company, hence it may be directly provided as the fulfilment of a payment obligation of the company.

Is there anyone who owes you or whom you owe money? The rules for requests for payment will be changed!

As from 1 July 2017, Act XLIX of 1991 on Bankruptcy Proceedings and Liquidation Proceedings (“the Bankruptcy Act”) will be amended on several points. One of the essential purposes of the legislative amendment was to specify certain provisions, which cause problems in the application of law, thus the relevant rules for requests for payment and disputing the claim which the creditor intends to enforce against the debtor have also been arranged more logically and specified.

The evaluation of an activity’s commercial nature in the regulator’s practice

The question of commercial nature is essential for the assessment whether an activity shall be deemed to be as financial service activity, thus shall be subject to authorisation or not. According to the relevant provisions pursuing a specific activity is exclusively deemed to be a financial activity (thus for example acceptance of deposits, granting of loans and credits, mediation of financial services, purchase of claims etc.) if the activity is pursued on a commercial basis.


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