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“Who's Afraid of The Big Bad Wolf?” The Portuguese Competition Authority Recent Activity
PLMJ, April 2006

The Portuguese legal system has had a competition law regime in force for more than two decades. Nonetheless, only recently did economic agents begin to show more awareness towards its existence, that is to say, to feel its effects...

2010: the Year of Tax Arbitration?
PLMJ, February 2010

In light of the ineffectiveness of tax litigation and the increased mistrust of taxpayers in relation to tax decisions, with the decision-makers very often hiding behind mere decisions of form, it is imperative that we weigh up alternative methods for resolving tax disputes, such as mediation, conciliation, and tax arbitration itself, in order to deal with disputes accumulated and arising out of relations between the State and the taxpayer, thus reversing the fe

Abusive Tax Planning Yet Again
PLMJ, March 2008

1. The long-awaited duty requiring users or promoters of operations and transactions whose sole or principal objective is to obtain tax benefits to communicate such operations or transactions to the tax authorities has finally become law in Decree-Law 29/2008 of 25 February. 2. Due to its excessively wide nature, however, the new antiabuse measure raises some very serious doubts...

Amendments to the Portuguese Securities Code – Market Abuse and Public Offers of Securities
PLMJ, July 2006

Last March 15th was published Decree Law nr. 52/2006 implementing Directive 2003/6/CE, of the European Parliament and the Council, dated January 28th, on insider dealing and market manipulation, and Directive 2003/71/CE, of the European Parliament and the Council, dated November 4th, on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/CE...

And When the European Commission Plays the Monopoly? Microsoft Case (Part I): Bundling
PLMJ, April 2006

Dominant companies have special responsibility to ensure that the way they do business doesn’t prevent competition on the merits and does not harm consumers and innovation», said European Competition Commissioner Mário Monti, regarding the Commission’s Microsoft decision dated March 24th, 2004...

And When the European Commission Plays the Monopoly? Microsoft Case (part II)
PLMJ, April 2006

The interoperability information on Microsoft’s decision deserves special attention by the undertakings that have a dominant position in the market. Intellectual property rights, granted as an incentive for the creation of innovation and as a tool to recoup the investments made by companies, used to be understood as providing several rights to its owners...

Angola Amendments to the Private Investment Law
PLMJ, April 2021

The Private Investment Law (Law 10/18 of 26 June) was amended by Law 10/21 of 22 April. The new law marks the return of the contractual system to the area of private investment. As a result, the current private investment systems are the following: i) Prior declaration system ii) Special system iii) Contractual system The contractual system is applicable to projects in any sector...

Angola New Rules for Exchange Operations
PLMJ, August 2020

Banco Nacional de Angola (“BNA”) continues to be very active in producing foreign exchange legislation. It recently revised the rules on foreign exchange operations of current invisibles, goods and capital, carried out by resident and non-resident individuals, through Notice 17/20 of 3 August (the“Notice”). The main change made by this notice concerns non-resident foreign workers (“expatriates”)...

Angola Rules on the Application in Time of the Legislation Included in the Tax Package Approved in 2020
PLMJ, April 2021

In the context of the approval of the Tax Package, which is part of the tax reform process started in 2020, on 15 April 2021, the Angolan General Tax Administration (AGT) published Instruction 0033/ GACA/GJ/AGT/2021 (the “Instruction”). The aim of this Instruction is to clarify and standardise the rules for the application in time of the amendments made to the main Tax Codes, in particular, the Industrial Tax Code and the Employment Income Tax Code...

Angola : New Rules for Current Invisible Operations
PLMJ, August 2020

Note on Circular Letter No. 002/DCC/2020 With the approval of Notice No. 2/2020, of January 2020 (“Notice 2/2020”), the National Bank of Angola (“BNA”) introduced greater flexibility in the foreign exchange sector, as it eliminated prior licensing and delegated the validation of the operations to the commercial banks. With the publication of the Circular Letter No...

Angola Coronavirus: Update of Public Calamity Situation Measures
PLMJ, September 2020

Presidential Decree no. 229/20 of 8 September 2020 has been published and its aim is to reassess the measures imposed by Presidential Decree no. 142/20, considering the evolution of the epidemiological situation. The new decree renews most of the measures already in force, although it also eases some restrictions...

Angola: General State Budget for 2021:Main Tax Changes
PLMJ, February 2021

Angola's General State Budget for 2021 (“GSB 2021”) came into force on 1 January 2021 and was approved by Law 42/20 of 31 December. It introduced the following tax changes: Value Added Tax • Definition of the scope of application of Value Added Tax (“VAT”) Individuals or legal entities are now excluded from the scope of VAT when their turnover or import transactions are no more than Kz (AOA) 10 million...

Angola: New Local Content Rules for the Oil Sector
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...

Angola: New Public Procurement Law
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...

Angola: New Rules for Current Invisible Operations
PLMJ, August 2020

Note on Circular Letter No. 002/DCC/2020 With the approval of Notice No. 2/2020, of January 2020 (“Notice 2/2020”), the National Bank of Angola (“BNA”) introduced a greater flexibility in the foreign exchange sector, as it eliminated prior licensing and delegated on commercial banks the validation of the operations. With the publication of the Circular Letter No...

Angola: New Rules for Exchange Operations - Individuals
PLMJ, April 2021

The recent Notice 05/2021 of 14 April issued by Banco Nacional de Angola (the "Notice") introduces new rules and procedures that must be observed by individuals – whether or not they are residents for foreign exchange purposes – when carrying out foreign exchange transactions...

Angolan Tax Reform (I): The New Patrogane Law
PLMJ, February 2012

TAX REFORM The purpose of the current Angolan tax reform is to diversify sources of  tax revenue (which up to now has been excessively dependent on oil), to modernise the Angolan tax system with a view to promoting greater tax justice and equity and also to increase the effectiveness and efficiency of the machinery of tax administration...

Ban on the Advertising of Discounts on Medicine Prices
PLMJ, May 2021

Decree-Law 36/2021, which amends Decree-Law 176/2006 of 30 August ("Medicines Statute"), was published on 19 May. The new Decree-Law introduces a ban on the advertising of discounts on the price of medicines subject to medical prescription that are reimbursed by the National Health Service ("NHS") or that contain narcotic or psychotropic substances...

Bank of Portugal Regulation on Marketing of Banking Services and Products
PLMJ, January 2009

The Bank of Portugal set up a regime to govern the advertising of the banking products and services that come under its supervision in Regulation No. 10/2008, of 9 December, which came into force on 1 January 2009. The Regulation builds on the general regime laid down in Articles 77 and 77-C of the General Credit Institutions and Financial Companies Regime (the RGIC), as most recently amended by Article 2 of Decree-Law 211-A/2008, of 3 November...

Brexit-Portugal – Temporary Permission Regime
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”)...

Business Ethics: The Key Issues Surrounding the Code of Ethics
PLMJ, May 2021

There is a growing consensus among business stakeholders and society at large that mere compliance with legal rules is not enough tolive up to the requirements of business integrity. Moreover, legal rules often use vague concepts and ethics are also useful to give concrete expression to the required practices...

Cartels: Commission may get compensation, says AG
PLMJ, July 2012

On 26 June 2012, the Advocate General Cruz Villalón presented his Opinion on the possibility of the European Commission claiming damages as a customer from four lift companies that it found guilty five years ago of operating a cartel1...

Change in the Frequency of Mandatory Communications to the IMPIC
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...

Change of Workplace
PLMJ, November 2003

In terms of geographical mobility, the Labour Code has maintained the prohibition of the employer transferring the employee to another workplace, save where the interests of the company so require and this change does not entail a serious loss for the employee, where the transfer results from the total or partial moving of the establishment where the employee works, in the cases provided for in collective bargaining agreements or where the employee agrees to the transfer...

Civil Litigation System
PLMJ, May 2009

1- What is the structure of the civil court system? The Portuguese judicial system is complex and the competence of each type of court is defined considering the nature of the dispute to be settled. The main division established is between judicial jurisdiction and administrative and tax jurisdiction. The territory is divided for judicial purposes and normally each municipality has its own judicial court with generic competence...

 

 

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