Around The World In 8 Updates: Legal Guides to Doing Business Abroad

For your reading interest, eight articles on establishing and doing business in different jurisdictions across the globe. A trip around the world, if you will, in legal commentary and analysis:


“As employers increasingly look to expand their global reach, the countries of Central and Eastern Europe continue to provide attractive opportunities for entrepreneurs. Effectively closed to foreign investment and travel for decades, the Republic of Albania has undergone many changes in recent years… Albania became a member of the North Atlantic Treaty Organization, and formally applied for entry into the European Union in 2009.” (Doing Business in Albania: What Every Employer Needs to Know by Fisher & Phillips LLP) 


“The Brazilian Limited Liability Company (hereinafter ‘Limitada’) is the most common type of commercial company in Brazil followed by the Joint-stock Company (‘Sociedade Anônima’). The choice between them will vary according to the commercial strategy of the company… Also, Brazilian legislation states that any foreign company or individual holding equity interest (among other assets) in a Brazilian company must be enrolled with the Taxpayers’ Registration and also must be registered with the Central Bank of Brazil.” (Doing Business in Brazil by Marcos Abe) 


“China launched formally a comprehensive business concentration control regime on 1 August 2008 when its Anti Monopoly Law entered into effect. To date, Ministry of Commerce, the agency charged to enforce the regime, has announced ten decisions of business concentration review, including one rejection decision and nine conditional approvals, and has reviewed hundreds of filings.” (Development of China’s Merger Control: A Review on the Penelope/Savio and GE/CSCLC Cases by Steven Su) 


“The [Indian] Competition Act is broad in the types of transactions it deems to constitute notifiable mergers. Fortunately, the Competition Commission of India (‘CCI’) has published Regulations this month which narrow the application of the new Act. This is a welcome development, particularly the requirement for the target to have at least some Indian assets and turnover for a filing to be triggered. Nonetheless, we expect to see a significant number of transactions being notified to the CCI as a result of the new law coming into force.” (India’s New Merger Control Regime by White & Case LLP) 


“[Prior to 2005] in Portugal, the creation of a new company took 45-53 days, according to a Doing Business in Portugal report from the World Bank. In 2005, the Portuguese government launched a one-stop-shop where it became possible to create a company in 35 minutes. In 2005, they only had six locations where this was possible, but over time, they’ve expanded and it has now become a regular service for Portugal and its territories. It is now the most common way that a company is created in Portugal, and over 100,000 companies have been created using this service.” (Modernization of the States and of the Administration – Mr. Joao Tiago Silveira by International Lawyers Network) 


“To create a better business atmosphere, Qatar has relaxed some of its more confining laws. Restrictions on non-citizens owning land in the country were eased in 2004 to spur real estate investing. Qatar also allows up to 100 percent of foreign ownership in agriculture, manufacturing, health and power projects—with approval from the Qatari government. Those doing business in Qatar, analysts say, must understand the culture—with a legal system that combines both Islamic law and civil law codes.” (What Every Investor Should Know About Qatar by Michael Diaz Jr. – Diaz Reus International Law Firm) 


“Acquisitions of foreign companies that have no assets in Russia but sell their products in Russia, where the Russian sales of such companies exceed RUB 1 billion, will be subject to a new clearance criterion. The list of documents required to be submitted when making applications or notifications to [the Federal Antimonopoly Service (FAS)] has also been updated. The requirement for financial organizations to provide FAS with copies of all agreements they have concluded with each other will also be completely eliminated.” (Russian Legal Update by Dechert LLP) 


“Since Vietnam first opened its doors to foreign direct investment in the late 1980s, the primary way to establish a long-term corporate presence in Vietnam had been to set up a Foreign Invested Enterprise (‘FIE’) under the Law on Foreign Investment in Vietnam of 1996 (‘LFI’) and its predecessor the 1987 Law on Foreign Investment. However, on 1 July 2006 the amended Enterprise Law and the new Investment Law superseded the LFI as the main legislation governing foreign investment in Vietnam…” (Form of Doing Business in Vietnam 2011 by Quynh Pham) 


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