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Minority protection

Infringement of the member's personal rights Find out more information about this subject here: Personal rights based on the articles Personal actions by members against directors The problem of reflective loss Personal actions and representative actions minority protection in the […]

Borrowing

Company Law: Security for borrowing – company charges Find out more information about this subject here: Types of charge over company properties Priority of Company Charges Registration of Company Charges Register of Company Charges Other forms of registration of Company Charges […]

Liquidations

Company Liquidation Issues Find out more information about this subject here: Company Liquidation: Preferences Company Liquidation: Extortionate credit transactions Company Liquidation: Misfeasance proceedings Company Liquidation: Restriction on re-use of company names Company […]

Partnership Dissolution

The consequences of dissolution of Partnership: Find out more information about this subject here: Notice of dissolution Continuing authority of partners for the purposes of windingup Return of premium on dissolution Rights where partnership dissolved for fraud or misrepresentation […]

Drones

Drones Description of drones Uses (commercial, military, civil, personal,…) Devices (plate nummers recognition, thermal cameras, videos, mobile or not,…) Legal provisions applicable to the use of Drones Article 8 ECHR Domestic Law. For example, in Belgium, the Article 22 Constitution and the Data protection act 8 December 1992 Impact of drones on Privacy Big difference with classical surveillance cameras Specific issues regarding privacy More intrusive Not easily visible Not transparent Large territories Large variety of information Continuous surveillance Indistinct monitoring Technologically more evolved Conclusion: The use of drone is a specific issue with respect to privacy. Sometimes there is specific airspace regulation. For example, in Belgium, where is prohibited. Domestic use of Drones Exemption for domestic use, For example, in Belgium, article 3 §2 of Directive 95/46. In such country, the following are applicable: Law not applicable when personal or domestic use Recreational used Linqvist case DPA applicable when the data are communicated e.g. on the Internet Application to journalism, audiovisual: Exemption Interdiction to process sensi=ve data not applicable when data are related to the public character of the data subject Obligation to inform the data subject not applicable when it would compromise the collection of data, the confidentiality of sources or a publication […]

General Block Exemption

General Block Exemption General Block Exemption Regulation (GBER) State funding that meets the criteria established in Article 107(1) TFEU constitutes State aid. As a general rule, State aid must be notified to and cleared by the Commission before it is granted. The General Block Exemption Regulation (GBER) exempts Member States from this notification obligation, as long as all the General Block Exemption Regulation criteria are fulfilled. The Regulation simplifies the procedure for aid-granting authorities at national, regional and local level. It allows them to provide measures ranging from job creation and boosting competitiveness to measures that create a favourable environment for the Small and Medium Enterprises (SMEs). The new General Block Exemption Regulation significantly extends the possibilities for Member States to grant “good aid” to companies without prior European Commission scrutiny, simplifies the award of State aid and reduces the duration of processes for aid beneficiaries. It also introduces ex-post requirements for Member States such as the requirement to evaluate large aid schemes and to ensure greater transparency on aid awards. The new General Block Exemption Regulation is a cornerstone of the State Aid Modernisation (SAM) agenda (see IP/12/458), which is a broad reform of State aid rules aimed at facilitating sustainable, smart and inclusive growth, focusing on cases with the biggest impact […]

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Directors

Formalities of Company Directorship Find out more information about this subject here: How many directors? How are directors appointed? Are there any age restrictions? For how long do directors hold office? How may a directorship be terminated? What are the notification requirements […]

European Food Safety Authority

European Food Safety Authority (EFSA) The European Food Safety Authority (EFSA) provides independent scientific advice on all matters with a direct or indirect impact on food safety — including animal health and welfare and plant protection. EFSA is also consulted on nutrition in relation to Community legislation. The Authority communicates to the public in an open and transparent way on all matters within its remit. EFSA’s risk assessments provide risk managers (EU institutions with political accountability, i.e. the European Commission, European Parliament and Council) with a sound scientific basis for defining policy-driven legislative or regulatory measures required to ensure a high level of consumer protection with regards to food safety. Collection and analysis of scientific data, identification of emerging risks and scientific support to the Commission, particularly in case of a food crisis, are also part of EFSA’s mandate, as laid down in the founding Regulation (EC) No 178/2002 of 28 January 2002. EFSA is composed of four bodies: The Management Board is responsible for ensuring that the Authority functions effectively and efficiently. The Board is responsible for establishing the Authority’s draft budget and work programmes, monitoring their implementation, and agreeing to internal rules and regulations. It also appoints EFSA’s […]

Non-Profit Body

Non-Profit Body Non-Profit Body Definition A non-profit legal entity is treated as such when recognised by national or international law. Relevant registration documents (such as statute, charter, bye-law or extract from the appropriate registry) would be sufficient proof of status. Non-profit status may also be confirmed by how the entity is treated for the purposes of fiscal law.

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Reduction

Reduction of Company's Capital under s646 Find out more information about this subject here: How to effect a reduction Reduction by private company Reduction by any company reduction in the English LawFind out more about reduction in the English legal system in this entry of the UK […]