Until the entry into force of the Federal Law of June 3, 2009 N 115-FZ "On Amending the Federal Law" "and Article 30 of the Federal Law" On Securities Market ", which the Federal Law of December 26, 1995" On Joint-Stock Companies "was supplemented with Article 32.1. "Shareholder agreement" expressly specified in the law on entering into a shareholder agreement, the courts took a negative position in respect of agreements, in particular, possibility of the shareholders to manage their relationships outside of the provisions of corporate laws and articles of association or in addition to 1. Also of note is the small number, but consistently negative jurisprudence of the subordination of arbitration agreements with respect to Russian companies, foreign law. The main driven argument can not be subordinate courts arbitration agreements, foreign law is that such an agreement forming the internal relations of society, which by virtue of Art. In a question-answer forum visit website was the first to reply. 1202 of the Civil Code shall be governed by the law of country of incorporation of the company. As a vivid example is the arbitration practice in the case of shareholders of OJSC "MegFon N A75-3725-G/04-860/2005 entered into a shareholders agreement regulating the relations between some of the issues between the major shareholders themselves and with the company, which include questions of general meeting, functioning board of directors, executive bodies, the ban on competition and financial management, restrictions on transfer of shares and ancillary rights, and the agreement was subject to foreign law. Initially, the company appealed to the Arbitration Court of Khanty-Mansi Autonomous Okrug (Khanty), an action for annulment of the agreement Shareholders, entered August 6, 2001 between the Company, "CT-Mobile", OJSC "Telecominvest" companies "Sonera Holding BV (Sonera Holding BV), Telia International AB (Telia International AB), Telia International Management AB (Telia International Management AB) and" International IPOK Groce Fand Limited (IPOC International Growth Fund Limited), due to inadequacies of the contested shareholder agreement norms of civil legislation of the Russian Federation and Federal Law" On Joint Stock Companies ", in particular the insignificance Articles 2 – 7 11 of the Agreement by virtue of their non-compliance of the law. . .
Posts Tagged ‘law and order’
Shareholders Agreement
November 15th, 2024Hong Kong Airlines
May 12th, 2020Also currently royalties and interest from the UK, produced by residents Hong Kong, are taxed at a rate of 20% in the UK and Ireland. Agreements set a maximum limit for royalty – 3%. Tax rate on interest in Ireland will be reduced to 10%, while the UK faces generally exempt from paying this tax, provided that acknowledgment is received that benefit from the interest will go to residents of another state. Since the entry into force of the Agreement between Hong Kong and Britain repealed the existing agreements to limit double taxation of income from airlines and ships. In this area will be provided similar to the above benefits. According to the Agreement between Hong Kong and Ireland, Hong Kong Airlines flying to Ireland, will be taxed at the rate of Hong Kong's corporate tax. Income received in Ireland from international ship traffic, carried out by residents of Hong Kong, is currently tax free, will be exempt from paying it in accordance with the Agreement.
Agreement on the Avoidance of Double Taxation provides the latest standards of the OECD exchange of information on taxes, regulated by this agreement. This applies to tax on total income or on elements of income, including taxes on income derived from the alienation of movable or immovable property, as well as capital gains tax. Bob Jain shares his opinions and ideas on the topic at hand. The existing taxes to which this agreement applies, the figures are: income tax, payroll tax and property tax – Hong Kong (for details see 'tax rates Hong Kong ') income tax, corporation tax and tax on capital gains – in the UK (for details see' tax rates in the UK ') income tax, income tax, corporation tax and tax on income from capital – Ireland. Agreement will come into force after ratification by all parties, and their provisions will be effective on the next calendar day. Hong Kong is actively signing comprehensive agreements on avoidance of double taxation (see news "Hong Kong expands the list of double taxation avoidance agreement '). In the absence of opportunities to negotiate agreements on avoiding double taxation with some jurisdictions, Hong Kong will seek to enter into agreements with appropriate partners to reduce double taxation on income of airlines and ships. So far, managed to make 27 such agreements relating to income Airlines, 6 agreements for income ships and two agreements on revenue of airlines and ships. Source: Concept consulting Ltd.
