In 2008-11-11 new amendments of the Law on Companies of Republic of Lithuania have been approved. The main changes are discussed here.
The EC is moving quickly to deliver on its 2008 programme to cut administrative costs. Today’s proposals aim to abolish requirements in company law. Companies will no longer need to publish business data in the national gazettes and they can (re-) use translations certified in one Member State (including Lithuania) when opening branches in other Member States (including Lithuania). In the accounting area, parent companies with no material subsidiaries no longer need to prepare consolidated accounts. Furthermore medium-sized companies can be exempted from providing detailed data in the annual accounts. More information here.
The European Commission has proposed an important revision of the EU framework for investment funds known as 'UCITS' (Undertakings for Collective Investment in Transferable Securities). The new provisions will increase the efficiency of the current legislative framework in a number of key areas. First, it will allow UCITS managers to develop their cross-border activities and generate savings consolidation and economies of scale. Second, investors will benefit from a greater choice of investment funds operating at lower costs. Third, the proposal also seeks to improve investor protection by making sure that retail investors receive clear, easily understandable and relevant information when investing in UCITS. More information here.
Committee of European Securities Regulators have issued "A consumer's guide to MiFID. Investing in financial products". This guide explains the basics of a new piece of European legislation called Markets in Financial Instruments Directive (MiFID) and how it affects concumers when dealing with firms that provide investment services in Europe. One of the main purposes of the MiFID Directive is to harmonise investor protection throughout Europe.
On the 1st of March, 2008 new amendments of the law shall open new opportunities for the specialised investment funds in Lithuania. These funds include private equity (risk capital), real estate, alternative investment (hedge) funds and other specialized collective investment undertakings (SCIU), both close-end and open-end. SCIU can be registered as investment funds (fund assets legally belong to the unit holders but not the fund manager) or investment companies (investment company is organized in form of a public limited liability company). One of the main SCIU merit is tax advantage: SCIU is exempt from corporate income tax. Investment income (returns from investments), dividends and other distributed profits received by investment funds is non-taxable income under the Law on Corporate Income Tax. Investment income of investment companies, except dividends and other distributed profit, is non-taxable income too. However, dividends and distributed profit received by investment company is non-taxable when investment company holds more than 10% of voting shares not less than 12 months. Otherwise, corporate tax income rate of 15% is applied to income received as dividends and other distributed profit. Consequently, new amendments of law provide us with clear legal infrastructure in the real estate and private capital market together with favorable tax regime.
Vilnius Stock Exchange has opened OMX Alternative Market First North. The next step would be Certified Advisers. When Stock Exchange will approve Certified Advisers, companies should contact them and begin the procedures for listing on Alternative Market First North. Such market has opened in Estonia too, so it operates in all Baltic countries already.
In 2007-11-15 Lithuanian Securities Commission agreed on the Rules of Alternative securities market First North in Lithuania. Not receiving Lithuanian Securities Commission agreement was mainly the reason Alternative market did not opened in summer. Now only Vilnius Stock Exchange, which will operate Alternative market, determines when this market is opened. Certainly, the fact that this market is opened does not mean to investor anything. The main thing is whether there is companies listing on Alternative market. For example, there is no companies listing on Alternative market in Latvia, though the market is opened since 2007-06-01.
In 2007-10-25 the new amendment of the Law on Collective Investment Undertakings has been approved. The main innovation of the new edition is possibility to establish private equity, real estate, hedge funds and other specialized collective investment undertakings. Close-ended collective investment undertakings will also be possible. The law will come into force in 2008-03-01. So there is some time to think over the plans for operation and creation of new collective investment undertakings.