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A law implementing, among others, Directive (EU) 2019/878 amending Directive (EU) 2013/36 (Capital Requirements Directive - CRD V) has been passed by the Austrian Parliament and Federal Council, and has been published in the Federal Gazette. CRD V (as part of the package together with Regulation (EU) 2019/876 amending Regulation (EU) 575/2013 – CRR II) aims to close regulatory gaps in the existing financial regulatory framework and, while adding prudential measures as to capital requirements, requires certain entities to comply with new licensing obligations.

Hungary was one of the last EU countries to introduce a register of ultimate beneficial owners. While the provisions of the Fourth and Fifth AML Directives were already implemented in the Hungarian AML Act, the technical conditions on the actual operation of the UBO register were only adopted by Act XLIII of 2021 ("UBO Register Act") and are in force as of 22 May 2021.

Capital commitment is one of the indispensable conditions for becoming a shareholder in a Turkish joint-stock company ("JSC"). Under Turkish law, the main responsibility of a shareholder, whether in the stage of incorporation or capital increase, is to pay the undertaken capital.

Hungary is one of the first countries in CEE to fully implement Directive 2019/790 on Copyright in the Digital Single Market ("CDSM Directive") and Directive 2019/789 ("SatCab 2.0 Directive"). The so-called "Copyright Reform Act" (Act XXXVII of 2021) was published in the Official Gazette on 6 May 2021, and the majority of the new rules will be effective as of 1 June 2021.

The Vienna Stock Exchange was founded in 1771, during the reign of Empress Maria Theresa. Initially launched as a market for state-issued bonds – only bonds, bills of exchange, and foreign currencies could be traded – it expanded rapidly. In 1818, the Austrian central bank – which had itself been founded only two years earlier – became the first joint-stock company to be listed on the exchange (and one of the first shareholders was Ludwig van Beethoven, who bought eight shares in 1819). In 1863, the Suez Canal Company had become the first foreign company to be listed on the Vienna Stock Exchange, and in 1865, there was a further foreign listing with premium bonds issued to fund Turkish railway lines (“Turkenlose”). When the Frankfurter Bankverein applied for a listing of the Turkenlose bonds on the VSE, the Exchange Chamber decided to introduce rules for the admission of foreign securities, and thus, in 1873, the “Italian bond” became the first official foreign listing by means of a formal application. In December 1997, the Vienna Stock Exchange Chamber was merged with the Austrian Futures and Options Exchange to form a new exchange operating company, Wiener Borse AG, and in subsequent years the business spectrum of the Vienna Stock Exchange broadened to include market data dissemination and index calculation as well as IT services and central securities depository services.

Unsurprisingly, 2020 saw a reduction in the A-listers on the Bulgarian real estate market, including investors in office, retail, and hospitality properties. The lockdown sent IT companies, which had been dictating the local office space market, into home office. The future of commercial and entertainment properties like shopping malls, cinemas, concert venues, and sports arenas remains uncertain – but tourism remains the hardest hit.

On December 15, 2020 CEELM gathered legal experts from across the region for its annual Year-in-Review Round Table conversation. In a wide-ranging discussion, participants shared opinions and perspectives on their markets, on strong (and less-strong) practices across the region, and the effect of the COVID-19 crisis on both, as well as on how technology is changing the legal industry, and what the industry will look like in 2021.

Looking back at 2020, one can draw some conclusions and identify some trends in the Polish transactional market likely to stay with us in 2021.

2020 was a busy year for the legislator in relation to the Turkish Capital Markets. An amendment made in the Turkish Capital Markets Law (CML) at the beginning of 2020 introduced several elements, including a Security Agent, into Turkish law. And then the pandemic hit, making the trust factor in regard to assets even more crucial than it was before. In times of uncertainty, the Security Agent may be invited to play a greater role.

Since the cessation of the widely-used LIBOR benchmark has become a realistic prospect, due to the UK Financial Conduct Authority’s announcements that it will stop supporting this benchmark at the end of 2021, the question of what will take its place has become a hot topic for lenders and lawyers drafting credit agreements.

New Counsel Victoria Pernt on Schoenherr’s impressive Arbitration practice.

Until 2018 the Bulgarian Commission for Protection of Competition had never prohibited a concentration. In 2018, however, in consecutive decisions, the CPC prohibited the acquisition of CEZ by Inercom and the acquisition of Nova TV by the investment group PPF. In 2019 two other transactions – Eurohold/CEZ and Emko/Dunarit – were blocked.

Already struggling with the international coronavirus pandemic, Bulgaria has recently found itself dealing with a major internal political crisis as well – one which, ironically, despite the general incentive towards social distancing, has brought people outside of their homes and onto the streets of the nation’s major cities.

Although, like many other CEE jurisdictions, Slovenia experienced major COVID-19-related market turbulence in the first half of 2020, the market has nonetheless seen some interesting developments as well – and more activity is likely to follow in Q3 and Q4.

The Romanian labor market before the COVID-19 pandemic was very competitive. On the one hand, foreign companies closely monitored the opportunities of a developing market and local labor force, while on the other hand, the tradition of people traveling abroad in pursuit of happiness and the flood of young and bright minds out of the country had spread enough to make recruitment a difficult process and to significantly affect the labor market in general.

The main concern in the energy sector in Bulgaria, as in the rest of the EU, has shifted from constantly-increasing electricity prices to a significant drop in those prices during the pandemic. The Independent Bulgarian Energy Exchange (IBEX) reported the lowest prices in Europe – from below EUR 4/MWh to approximately EUR 12/MWh – for the day ahead market during the first weekend of April. Although these record-breaking figures have not stayed constant, the reduction of electricity consumption in the industry sector is still prolonging the trend, which is obviously here to stay. Electricity prices from approximately EUR 14 to EUR 35 for the first week of May are still way below the weighted average price of EUR 48.64/MWh for the day ahead market for 2019.

We decided to lighten the mood this time around by asking our Law Firm Marketing experts from across the region a non-law-firm related question: “What did you most want to be when you were little?”

Schoenherr at a Glance

Schoenherr is a leading full-service law firm providing local and international companies stellar advice that is straight to the point. With 15 offices and 4 country desks Schoenherr has a firm footprint in Central and Eastern Europe. Our lawyers are recognised leaders in their specialised areas and have a track record of getting deals done with a can-do, solution-oriented approach. Quality, flexibility, innovation and practical problem-solving in complex commercial mandates are at the core of our philosophy.

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