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PLMJ | September 2020

Law 58/2020 came into force on 1 September 2020 and it implements into Portuguese law: Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for money laundering or terrorist financing, commonly known as the 5th Anti-Money Laundering Directive; and Directive (EU) 2018/1673 of the European Parliament and the Council of 23 October 2018 on combating money laundering by cr

PLMJ | September 2020

Law 50/2020 of 25 August transposed into Portuguese national law Directive (EU) 2017/828 of the European Parliament and the Council of 17 May 2017 as regards the encouragement of long-term shareholder engagement. This directive is known as the Shareholder Rights Directive II and it amends the previous Directive 2007/36/EC of the European Parliament and the Council of 11 July 2007 ...

PLMJ | September 2020

I. Portuguese Competition Authority Portuguese Competition Authority publishes final version of its analysis of loyalty policies in telecommunication contracts In April 2020, the Portuguese Competition Authority (PCA) published the final version of its report on "Loyalty policies in telecommunication services" ...

PLMJ | September 2020

Law 58/2020 of 31 August implemented Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 and Directive (EU) 2018/1673 of the European Parliament and of the Council of 23October 2018 into Portuguese law. The new law entered into force on 1 September 2020 and introduced considerable changes to the existing rules in order to implement new measures to prevent and combat money laundering and terrorist financing in the Portuguese legal system ...

PLMJ | October 2020

To combat the economic consequences of the COVID-19 pandemic, the government approved Decree-Law 10-J/2020 of March 26 (the “Decree-Law”). The Decree-Law established a set of economic measures to protect liquidity and treasury, and in this document, we focus on the financing moratorium ...

PLMJ | October 2020

Law 58/2020 of 31 August implements into Portuguese law Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. It enshrines in the Portuguese legal framework a first approach to the regulation of entities that engage in activities with virtual assets ...

PLMJ | October 2020

Defining your strategy and analysing the market are crucial when making the decision to invest in China, but the tax efficiency of the business has its own specific issues and investors should not neglect them either. The Chinese tax system has particular characteristics that you must get to know before investing. In this informative note, we will address some basic aspects of value added tax and the invoicing system ...

PLMJ | October 2020

E-commerce: New VAT rules Law 47/2020 was published on 24 August to implement articles 2 and 3 of Council Directive (EU) 2017/2455 of 5 December 2017, and Council Directive (EU) 2019/1995 of 21 November 2019, modifying the operation of the Value Added Tax (“VAT”) system in intra-EU and international e-commerce. This legislation enters into force on 1 January 2021 ...

PLMJ | October 2020

A. Introduction and sequence The final vote on Draft Law 41/XIV was held on 16 October and the new law establishes special public procurement measures and amends both the Public Procurement Code and the Code of Procedure in AdministrativeCourts. Given the number, releva nce a nd depth of the amendments introduced by the approval of the draft law, we are now assessing the new special public procurement measures and the amendments to the codes mentioned above will be addressed later on ...

PLMJ | October 2020

The new legal framework applicable to the Angolan oil sector was approved by Presidential Decree 271/20 of 20 October (the "Decree"). The Decree makes a substantial change to the rules on local Angolan content applicable in the sector and it naturally repeals Order 127/03 of 25 November.The new legal framework now extends to service providers and suppliers of goods and services to the oil sector ("Providers") and not only which oil companies (i.e ...

PLMJ | October 2020

Due to the worrying evolution of the epidemiological situation currently afflicting the country, Presidential Decree no. 276/20 of 23 October 2020 has been enacted to update the preventive and control measures for the spread of COVID-19. Overall, there is a strengthening of the previous preventive measures established in Presidential Decree no. 256/20, of 8 October 2020 ...

PLMJ | October 2020

The world is desperately seeking a vaccine and treatments against COVID-19 and the answer will also be found in intellectual property. For this reason, PLMJ and Inventa International have joined forces toprepare a Digest on these issues that is continuously updated ...

PLMJ | November 2020

Decree-Law 94-A/2020 of 3 November amends, among others, Decree-Law 79-A/2020 of 30 September, which established “exceptional, transitional arrangements for reorganisation of work”. Its aim was to minimise the spread of COVID-19. The Decree-Law makes remote working mandatory for all workers whose place of work is located in a geographical area where the epidemiological situation justifies it ...

PLMJ | November 2020

Introduction The rapid spread of COVID-19 pandemic has led to a significant increase in demand for medical devices (MDs) and personal protective equipment (PPE), masks for social use (textile articles) and other products destined to prevent the spread of the disease. As a result, it became clear that there was insufficient supply to meet existing needs during the state of emergency and the subsequent period ...

PLMJ | December 2020

The world is desperately seeking a vaccine and treatments against COVID-19 and the answer will also be found in intellectual property. For this reason, PLMJ and Inventa International have joined forces toprepare a Digest on these issues that is continuously updated ...

PLMJ | December 2020

A range of business support mechanisms have been introduced to face the crisis caused by the COVID-19 pandemic. Among them, the recent Law 75/2020 of 27 November has created a series of measures in the field of restructuring and insolvency procedures. The stand-out among these new procedures is the Extraordinary Business Viability Process (Processo Extraordinário de Viabilização de Empresas referred to here by it Portuguese initials, “PEVE”) ...

PLMJ | December 2020

On 7 October 2020, Judgment to Standardise Case Law of the Supreme Administrative Court no. 4/2020 was published in the official gazette, Diário da República1 ...

PLMJ | December 2020

PORTUGAL I. Courts The Competition Court reduces fine of EUR 38.3 million imposed on EDP and Sonae by 10%On 30 September 2020, the Competition, Regulation and Supervision Court (Competition Court) reduced by 10% the fine of EUR 38.3 million imposed by the Portuguese Competition Authority (PCA) on EDP and SONAE in May 2017 ...

PLMJ | December 2020

Decree-Law 106/2020 of 23 December (the “TPR Law”), which was published on 23 December, sets out a Temporary Permissions Regime (the “Portuguese TPR”) for UK entities that provide financial services in Portugal under the freedom to provide services or freedom of establishment as provided for in the applicable EU legislation (the “EU Passport”) ...

PLMJ | January 2021

The Covid-19 pandemic has led to the adoption of a set of exceptional and temporary measures to prevent the spread of SARS-CoV-2 and to the introduction of various forms of support intended to mitigate the economic impact of this situation ...

PLMJ | January 2021

Introductory note The State Budget Law for 2021, which was published on 31 December 2020, comes at a very difficult time that is one of great uncertainty for the State and for the country. It is clear from the outset that the changes to the tax laws are limited in scope and the focus is on issues considered essential and a priority. For example, there are absolutely no amendments to the laws regulating taxpayers’ guarantees or tax justice ...

PLMJ | January 2021

I. Banco de Portugal Communication of Banco de Portugal on the Synopsis of Behavioural Supervisory Activities - first half of 2020. Communication of Banco de Portugal on the imposition of a capital reserve on institutions identified as “other systemically important institutions”. Banco de Portugal Communication on the Economic Bulletin of October 2020. Communication of Banco de Portugal on the implications of Brexit ...

PLMJ | January 2021

Banco de Portugal Communication on the Retail Banking Markets Monitoring Report of 2019. Banco de Portugal Communication on the deadline for restoration of capital and liquidity reserves ...

PLMJ | January 2021

A new Angolan Public Procurement Law (“PPL”) has been approved recently. Law 41/20 of 23 December revokes Law 9/16 of 16 June and will enter into force on 22 January 2021. The new law will apply to all public procurement procedures beginning after that date and to the performance of subsequent contracts ...

PLMJ | February 2021

Some facts and figures that set out the landscape of merger control, antitrust enforcement and competition litigation in Portugal in 2020. Interim Measures The PCA ordered the Portuguese Professional Football League to suspend its decision preventing teams in the First and Second Football Leagues from signing players that have unilaterally terminated their contracts due to the COVID-19 pandemic ...

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