Searching Content indexed under Corporate/Commercial Law by Soteris Pittas & Co LLC ordered by Published Date Descending.
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The Amendments To CAP 113. Update. PART 2. Strike-Off
Amendments relating to the strike-off of a company Members and Creditors protection. Any member or creditor of a company may object to the striking-off of a company within the period of 3 months
5 Jun 2019
The Amendments To CAP 113. Update. PART 1
The Council of Ministers abolished the obligation to pay capital duty of 0.6% on the authorized share capital or any increase thereof.
28 May 2019
Company Law – Power Of Court To Rectify The Register Of Members Of A Cyprus Company
It has been held by Cypriot courts (adopting English case law) that the power of court to order the rectification of a register of members of a company, under section 111 of Cyprus Companies Laws CAP 113.
2 May 2019
Directors Duties In Insolvency And Its Vicinity- An Alternative Approach For Creditors To Recover
When a company enters insolvency or its ‘'vicinity''[1], the fiduciary duties of directors are no longer owed to the company as a whole, and instead their duties shift towards the creditors.
29 Apr 2019
Applicability Of The New York Convention On Arbitral Awards Issued In Cyprus
In the recent case IGUASU ENTERPRISES LTD & ANOTHER –V- VOICE INTERNATIONAL LTD & ANOTHER, the District Court of Nicosia ...
3 Jul 2018
Cyprus- Dispute Resolution – Commercial Court
Minister of Justice, Mr. Ionas Nicolaou and Members of Supreme Court had decided for the Commercial Court to be set up and become operational from the beginning of 2018.
22 May 2017
Commercial Law - Promissory Notes
A promissory note is an unconditional promise made in writing by one person to another signed by the maker, engaging to pay on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person or to bearer, as defined the Bills of Exchange CAP 262, Part IV Promissory Notes (the "Law"), s. 83 (1).
1 Feb 2017
Guidance On The Impact Of No Signature On Binding Written Agreements
In the recent case of Reveille Independent LLC v Anotech International UK Ltd (2015)EWHC 726,the Court of Appeal found a written agreement to be binding despite the lack of a signature from one of the parties.
5 Jan 2017
The New EU Electronic Signature Regulation 910/2014/EU
Hence its implementation plays a direct effect in Cyprus.
16 Dec 2016
Recognition And Enforcement Of Judgments Under The EU Regulation 1215/2012
The new mechanism for enforcement and recognition aims in the quick recognition and enforcement of court judgments and interim measures of protection issued by Courts of Member States in other Member States.
7 Nov 2016
Announcement By The Department Of Registrar Of Companies And Official Receiver In Relation To The Annual Company Fee
On the 16th of August 2016, the Department of Registrar of Companies and Official Receiver announced that pursuant to the Law 89 (I) of 2015 which amends the Companies Law Cap. 113, companies that do not pay the annual fee...
2 Sep 2016
English Court Guidance On Anti- Suit Injunctions
In a recent decision of the English Commercial Court in ESSAR SHIPPING LTD –v- BANK OF CHINA LTD (2015) it has been held that an applicant to an anti-suit injunction shall act promptly and not sleep on his rights.
8 Apr 2016
English Court Guidance On The Liability Of An Agent – Towards His Principal For Benefits And Assets Acquired During Agency
In a recent decision of the English Supreme Court inFHR EUROPEAN VENTURES LLP –V- CEDAR CAPITAL HOLDINGS LLC (2015) it has been held that, where an agent acquires a benefit...
15 Mar 2016
Cyprus: Law Applicable To Contractual Obligations – Rome I Regulation
Since 17 December 2009, the EU Regulation (EC) No 893/2009 on the Law Applicable to Contractual Obligations ("Rome I Regulation") is directly applicable in the Republic of Cyprus...
24 Feb 2016
Warrant Of Search Issued Against A Lawyer Cancelled Due To Violation Of Legal Professional Privilege
In the recent case RE: ANTONAKIS ANDREOU & CO LLC, a Supreme Court Judge, in Certiorari proceedings, cancelled a warrant issued against a lawyer and his law firm...
3 Feb 2016
Guidance Of Cyprus Courts On Issue Of Appointment Of Lawyers By The Directors Of A Company
Recently, the District Court of Paphos granted a decision in relation to the appointment of a Lawyer to act on behalf of a Company in judicial proceedings as follows...
18 Jan 2016
Guidance For Cyprus Courts On The Duties Owned By Directors Of A Company To The Shareholders
As in the case of Prudential Assurance Co Ltd v Newman Industries Ltd (no2) [1982], only a company can sue for wrongs done to the company.
5 Jan 2016
Guidance By The Supreme Court Of Cyprus On "Mens Rea" For Bounced Cheques
In October 2015 the Supreme Court made a remarking judgment which overturned the decision of the First-instance Court in relation to the innocence of two Defendants who had issued bounced cheques...
18 Dec 2015
Winding Of Companies – Winding Up By The Court (Compulsory Winding Up)-Inability Of The Company To Pay Its Debts
Winding up is the process by which the company's assets are realized, the proceeds are distributed to its creditors and the surplus, if any, to its members.
26 Nov 2015
Possible Guidance From The English Courts On The Interpretation Of Jurisdiction Clauses As "Exclusive"
During the past years English courts have been willing to interpret clauses as giving exclusive jurisdiction to the English courts...
26 Nov 2015
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