1. Which law is applicable to the legal capacity and right of representation of a legal entity?
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2. What criteria/rules are used to determine the applicable law (for example the law of incorporation or the actual seat)?
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3. Which international conventions have to be respected?
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4. Are there international conventions with regard to certain countries?
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5. Are all companies registered in a public register? What are the effects of registration? (please add a link to the register, if possible)
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6. Does a foreign company have to be registered in your public company register?
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7. Who has the legal right of representation of a legal entity?
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8. Must the right of representation be registered (if yes, please add a link to the register, if possible)?
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9. If the right of representation must be registered, what legal effect does the registration have with respect to third parties?
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10. May the rights of the legal representative be restricted? If yes, please explain how (e.g. by laws or the articles of association)?
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11. Does that restriction have any legal effect towards third persons?
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12. How can the representative prove the right of representation (e.g. extract in paper from the registry certified by some authorities, extract from public registry)?
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13. Are there any circumstances where the transactions entered into by the legal representative of a company are considered not binding on the company (e.g. for a valid transaction should there be a decision or consent of the shareholders, supervisory body)? If yes, please explain.
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14. Is it possible to verify the right of representation by digital means from the register? Please indicate the source and in which language the inquiries should be conducted.
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15. When anti-money laundering measures are applied, how are the beneficial owners of a legal entity registered in your country identified? Would there be different possibilities for professionals from other countries to identify the beneficial owners? Please indicate the source and in which language the inquiries should be conducted.
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