1. Introduction Cyprus Company Law is based on the principle of the majority rule. Consequently Cyprus courts will not generally interfere in the internal management of companies. However, in cases where shareholders become oppressed by the controlling or majority shareholders or even the board of a Company, minority or oppressed shareholders can seek redress and…
The Cyprus parliament approved a new insolvency framework aimed at streamlining and modernising the existing system and promoting a rescue culture. The legislation includes the enactment of entirely new legislation and amendments to existing legislation and relates to the insolvency of both natural and legal persons. The new Insolvency framework The new insolvency framework comprises…
A shareholders’ agreement is a confidential legal document between the shareholders of a company. As such the agreement it is not accessible to third parties unless disclosed. The agreement ensures that a mutual understanding exists between the shareholders’ by explicitly providing the agreed terms for the management and control of the company. Moreover, shareholders agreements…
Cyprus courts have jurisdiction to grant interim orders and injunctions over various issues, having extraterritorial effect. These include freezing orders (“Mareva Injunctions”), discovery and tracing orders (“Norwich Pharmacal Orders”), Garnishee Orders (“Chabra Orders”), search orders (“Anton Piller Orders”). Freezing Orders (Mareva Injunctions) Freezing injunctions over assets in any part of the world can be issued…
Disputes in Cyprus are mainly resolved in litigation proceedings by the courts. Provided all statutory and case law requirements are met, Cyprus courts have jurisdiction to grant interim orders and injunctions, with international effect. In particular they have jurisdiction to issue interim orders in support or in aid of: Judicial proceedings pending before Cyprus Courts;…
On the 20.11.2012 the European Parliament voted in favour of the proposed “recast” Brussels Regulation. The recast Brussels Regulation (EU Regulation 1215/2012) will be applied by Member State courts from the 10.01.2015. An overview of the main areas of reform under the recast Brussels Regulation are listed below in summary form. The main areas of…
On the 16th of October 2014, the European Commission requested that Cyprus and Luxembourg fully implement Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights. The Directive extends the term of protection for performers and sound…
On the 16th of October 2014, the European Commission requested that Cyprus, Italy, Lithuania, Poland, Portugal and Slovenia fully implement Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC…
Theodorou Law Firm is a Cyprus firm with experience in the successful resolution of substantial, complex and challenging disputes. In particular, we have experience in recovering, preserving and returning assets to clients’ which have been fraudulently transferred to third parties or funds transferred into third party bank accounts. With the proceeds of fraud being hidden…
Cyprus is one of the fastest growing European investment fund destinations. The major attractions for investors include the island`s established expertise being an international business centre, the competitive costs, a solid network of tax treaties, the strong ties to key markets such as Russia, the CIS, and CEE, it`s close proximity to the Middle East…