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Subordinated loans as a vehicle of public participation and crowdfunding – the end is near?
The development of the Austrian capital markets over the last few years has shown that, besides established stock exchange-listed companies, more and more “small” issuers (start-ups, SMEs) have di...
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- Subordinated loans as a vehicle of public participation and crowdfunding – the end is near?
Planned amendment to antitrust law helps cartel victims and increases risks attaching to infringements
End of August 2016 saw the start of the expert review of the bill for the amendment to antitrust law, a bill long awaited and hotly discussed during the preliminary stages. Implementing an EU Directiv...
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- Planned amendment to antitrust law helps cartel victims and increases risks attaching to infringements
New law to combat wage and social dumping
“Wage and social dumping” is the term used to describe situations where employers deprive employees of, at least a part of, the remuneration due to them under a law, ordinance or collective bargai...
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- New law to combat wage and social dumping
Online GTC / Validity of choice of law
In proceedings concerning a collective action brought by Verein für Konsumenteninformation (Association for consumer information, “the VKI”) versus Amazon EU S.à.r.l. (“Amazon”), the Court o...
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- Online GTC / Validity of choice of law
No claim for compensation for brief illnesses of commercial agents
The Austrian Supreme Court recently decided that commercial agents are not entitled to claim compensation payments in the case of a termination of the contractual relationship due to merely temporary ...
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- No claim for compensation for brief illnesses of commercial agents
Flexibilization of working hours
Having agreed flexibilization of working hours under its government programme, the Austrian Federal Government instructed the social partners to find a solution to this issue by June 2017.Working-time...
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- Flexibilization of working hours
Equity investment and crowdfunding
Crowdfunding investment can take the form of debt investment or equity investment. Both types are alternative forms of business or project financing outside the traditional financial system. In a rece...
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- Equity investment and crowdfunding
The new Financial Market Money Laundering Act
The statutory due diligence obligations of credit and financial institutions concerning the combating of money laundering and terrorism financing are stipulated in Sec 40 seq of the Austrian Federal B...
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- The new Financial Market Money Laundering Act
Identity verification standards for credit institutions under the Consumer Payment Accounts Act
Implications of the Fourth Anti-Money Laundering Directive1. Access to payment accounts with basic features18 September 2016 saw the entry into force of the Austrian Consumer Payment Accounts ...
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- Identity verification standards for credit institutions under the Consumer Payment Accounts Act
Target companies are no longer just passengers in merger control proceedings
Upon an application filed by fwp, the Austrian Supreme Court, in its capacity as higher anti-trust court, acknowledged that the target company shall have party status in merger control proceedings bro...
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- Target companies are no longer just passengers in merger control proceedings
The importance of getting MAC clauses right
A current US case concerning a Material Adverse Change (MAC) clause illustrates how important it is for M&A transactions to provide just the right contractual regulations for the period between ...
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- The importance of getting MAC clauses right
Are bitcoins electronic money as defined in the E Money Act?
We do live in the virtual age now: there is no way around the Internet. Almost all legal transactions we enter into in our everyday lives can be concluded in the digital world.A logical consequence of...
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- Are bitcoins electronic money as defined in the E Money Act?
Commercial agents law: Indemnity upon disposal of a company
Concept of commercial agentThe Austrian Commercial Agents Act (Handelsvertretergesetz, HVertrG) regulates the contractual relations between principals and self-employed commercial agents.Commercial ag...
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- Commercial agents law: Indemnity upon disposal of a company
ECJ introduces a new clear line as to merger control for joint ventures
In a preliminary ruling procedure instigated by the Federal Cartel Prosecutor, the ECJ (European Court of Justice) has now drawn a clear line regarding reviews of joint ventures under merger control l...
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- ECJ introduces a new clear line as to merger control for joint ventures
Urban development contracts in Vienna
Introduced into the Vienna Building Code by its 2014 Amendment (Bauordnungsnovelle 2014), the instrument referred to as urban development contract (städtebaulicher Vertrag) provides for the right of ...
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- Urban development contracts in Vienna
General Data Protection Regulation (‘GDPR’) – new rights and obligations for all actors
As from 25 May 2018, the GDPR will apply directly and replace current data protection legislation, viz. Directive 95/46/EC and the Austrian Data Protection Act of 2000 (Datenschutzgesetz 2000, DSG 20...
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- General Data Protection Regulation (‘GDPR’) – new rights and obligations for all actors
Freedom of expression on the Internet
Discussions on the Internet can be very emotional and stormy; especially when it comes to topics such as politics, climate change or migration insulting posts seem inevitable. But also in case of user...
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- Freedom of expression on the Internet
Mortgage and real-estate loans – new
The recent Austrian Mortgage and Real-Estate Loan Act (Hypothekar- und Immobilienkreditgesetz, HIKrG) provides a new legal basis for consumer credits which – broadly speaking – are securitised by ...
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- Mortgage and real-estate loans – new
Land transfer tax is becoming an expensive pitfall
The 2016 reform of Austrian land transfer tax (Grunderwerbsteuer, GrESt) not only resulted in an increase of the tax being caused by the alteration of the assessment base. It also provided for complet...
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- Land transfer tax is becoming an expensive pitfall
Instalment agreements – Potential risks for debt recovery agencies
Under the Austrian Consumer Loan Act (Verbraucherkreditgesetz, VKrG), businesses granting loans to consumers are required to comply with extensive(i) duties to provide pre-contractual information (e.g...
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- Instalment agreements – Potential risks for debt recovery agencies