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ECJ Ruling Ends Unlimited Public Access to UBO Registers

On 22 November 2022, the European Court of Justice (ECJ), sitting as the Grand Chamber, ruled in relation to the Directive 2018/843 that its provision whereby Member States must ensure that the information on the beneficial ownership of companies incorporated within their territory should be accessible in all cases to any member of the public is invalid. The decision of partial invalidation therefore relates to the provision of the Directive itself and not to the transposition of the Directive into Cypriot...

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Law in Sports and Why it is Significant

Introduction Sports law is an amalgam of laws that apply to athletes and the sports they play. It is not a single legal topic with generally applicable principles. Sports law touches on a variety of legal topics including contacts, tort, competition employment, trademarks, discrimination and tax issues. It is considered a growing aspect of law, the complexity and development of which is directly linked with the modern-day context of the commercialisation of the sports industry. The need for expert advice On a very basic...

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Methods of Winding – Up a Cyprus company

Introduction A company is a legal person; it has separate legal personality distinct from its board and members meaning that it can continue perpetually for succession purposes. Often, the question arises how a company can be ‘killed off’. In common law jurisdictions, there are two main methods: strike – off and different types of liquidation procedures. The Cyprus Companies Law, Cap. 113 (the “Law”) as amended from time to time, provides for the procedure of each of these methods. Below is a...

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Induction of Oaths By Lawyers

On the 26 February 2021, a welcomed amendment to the Oaths Law, Cap. 18 was passed by the House of Representatives (amending law 14(I)/2021). With this amendment, in addition to Judges and Court Registrars, practising lawyers are now empowered to induce oaths in attempt to serve citizens and decongest the courts. As a matter of clarification and in accordance with section 2 (a) of the amending law, “lawyer” means a person who is registered in the Register of Practising Lawyers held with...

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The Significance of Legal Drafting

Introduction The legal profession swears by the maxim, “verba volant, scripta manent” which means spoken words fly away, written words remain! Legal drafting is the most important instrument of legal communication. The skill to draft well is the skill to think and communicate well. Therefore, it is important to recognise the purpose that a legal document has to serve. A legal document must be drafted in a way that it categorically specifies the legal issue, statements of the client and the remedies sought if any. The...

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Trusts vs. Foundations: Which Is Better?

Even if you are not a legal or financial expert, the chances are that you have heard of both trusts and foundations. Both of these are available to private individuals but not everyone can tell the difference between them, let alone know which is the best option. Trusts A trust is a legally binding arrangement created (in lifetime, or on death) by a settlor when assets are placed under the control of a trustee for the benefit of a beneficiary or for...

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TRADE SECRETS: What You Need to Know.

Introduction In short, a trade secret is a form of intellectual property (IP) rights on confidential information which may be sold or licenced, giving an enterprise a valuable competitive advantage. Trade secrets have been usefully described as: … information which, if disclosed to a competitor, would be liable to cause real (or significant) harm to the owner of the secret … It must be information used in a trade or business and the owner must limit the dissemination of it or at least...

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