Corporate & commercial

At the beginning of 2023, it is worth to review employment contracts in the company. On Christmas Eve 2022 and January 1st of this year, several changes in legislation entered into force that the employer and various employees could be interested in. In this article, we will give a...

How to contest partners/shareholders decision? Is everything the same in Latvia and Lithuania as in Estonia? What do I have to consider while disagreeing with the shareholders decision in neighbouring countries? Answers for these questions are in LEADELL’s newsletter. 

Partner Pirkka-Marja Põldvere successfully represented a client in international commercial arbitration where the client requested that its contract partner would be obliged to pay for the services duly received from the client.

Attorney-at-law Epp Lumiste speaks in the article that unwanted behaviour must be observed from the victim’s point of view and the employee should immediately contact the employer, so that the employer could take necessary steps. If the employee suffers in silence, then the employer may not be avare that the employee...

The Estonian accounting news magazine Raamatupidamisuudised No. 4/2019 has published an article „Business account – last kick to sole proprietors?” by partner Jaak Siim. The article is analysing whether the option for using a business account is actually motivating sole proprietors to choose the form of a business account...

This LEADELL Newsletter is providing an overview of the implementation of the European directives that regulate the beneficial owner reporting in each Baltic State: Lithuania, Latvia and Estonia, followed by a joint analysis.

The Estonian accounting news magazine Raamatupidamisuudised has published the last part of an article „Relevant taxation amendments 2019” by partner Jaak Siim. The article continues introducing the latest amendments to the Estonian Taxation Law.

In the current dispute, employer was for years paying part of the salary unofficially to the employee by making money transfers from private bank account. When the employee decided to terminate the employment, an unexpected claim was filed to court.

In the Estonian accounting news magazine Raamatupidamisuudised, partner Tambet Laasik is analysing recently adopted Restriction of Unfair Competition and Protection of Business Secrets Act that is taking over into the Estonian law the according EU directive on the protection of business secrets.

Accounting news magazine Raamatupidamisuudised has published an article „Liquidation of companies” by partner Jaak Siim. The article is underlining the details that should be considered upon liquidating a company.

On 22 November 2018, Tartu branch of the LEADELL Pilv Law Office is organising a seminar „Conclusion, amendment and termination of tender“ where procurement specialists Britta Oltjer and Karin Ploom are introducing the topic of procurement contracts to business managers.

Based on the 07.11.2018 judgment of Tallinn District Court, a previous judgment of Harju County Court that found the accused persons guilty and satisfied a claim in amount of 200,000 Euro against the accused persons and a civil respondent (client of LEADELL Pilv) was annulled.

On 22 November 2018, Tartu office of LEADELL Pilv will organise a seminar where procurement specialists - senior associate Britta Oltjer and associate Karin Ploom introduce the topic of procurement contracts to business managers.

As of 30 October 2018, only half of the Estonian companies had submitted data about their actual beneficiaries to the Business Register. Senior associate Lada Riisna is strongly recommending all the entities to provide this information because as from 1 January 2019 sanctions will be applied.

Harju County Court decided not to satisfy the claim against a client of LEADELL Pilv regarding alleged transition of company. The court agreed that similarity of business names and transition of certain assets cannot be equalised with the transition of a whole company.

News portal Delfi has published an article in which Pirkka-Marja Põldvere is emphasising that as from 1 September 2018 most of the companies are obliged to disclose information to the Estonian Business Register about their beneficial owner(s).

Tartu County Court satisfied the claim of LEADELL Pilv’s client against a former management board member of a company and ordered the compensation the damage caused by violation of management board member’s liability.

International legal market publication “Legal 500” has granted the highest ranking to LEADELL Pilv Law Office in the practice areas of dispute resolution and tax law. Additionally our lawyers are recommended in corporate and commercial, M&A, real estate and construction law.

The Estonian accounting news magazine Raamatupidamisuudised has published an article „Vehicle full service rent as alternative for lease” by senior associate Hanne-Loore Härma. The author is explaining the legal basis of full service rent and whether it can be considered as a rent relation or still a lease.

Senior associate Hanne-Loore Härma has written an article „Can owner conclude contracts on behalf of company?“ in the Estonian accounting and tax information portal www.rmp.ee. The article is analysing if owners have the right to conclude contracts on behalf of a company. The author has an opinion that although the...

Hereby we are introducing this year’s first issue of LEADELL Newsletter. This newsletter is focusing on recent legal amendments that entered into force in Lithuania regarding the rights of shareholders. The newsletter includes a comparative table about regulations of the company’s shareholders rights in three Baltic States.

Partner and senior associate Urmas Kõrgesaar successfully represented its client in corruption accusations. Public Prosector’s Office accused Aigar Lepp, manager of Tartu Valla Kommunaal OÜ and Miljon Mõtet OÜ, in crimes of corruption, falsification and use of falsified procurement document.

Partner and senior associate Pirkka-Marja Põldvere acted as sole arbitrator under the Rules of Arbitration of the Estonian Chamber of Commerce and Industry. The case stemmed from a sales contract between two Estonian companies.

Anneli Aab and Aivar Pilv successfully represented their client in dispute with Zelluloosi Kinnisvara OÜ regarding a claim for compensation of damages against board member. Harju County Court decided not to satisfy the claim against our client for compensation of damages in amount of 127.148,60 Euro and interests.

Senior associates Aivar Pilv and Anneli Aab represented their client in court dispute with Zelluloosi Kinnisvara OÜ regarding a claim for compensation of damages against board member. The value of the claim against our client for compensation of damages was 127,148.60 Euro and interests.

Pirkka-Marja Põldvere, partner and senior associate of the LEADELL Pilv Law Office, is today giving a lecture „Transactions of board member with oneself – what is allowed and what is not?“ at the finance and accounting conference FinantsTreff 2017.

On 31 October 2017 the LEADELL Pilv Law Office, Swedbank, Swedish Chamber of Commerce and British Estonian Chamber of Commerce are holding a joint seminar on recent cases in the Estonian Supreme Court related to the liability and fees of management board members, and the new EU Anti Money...

Attorney-at-law and partner Pirkka-Marja Põldvere is writing in the daily newspaper Postimees about the topic "Can private limited company reclaim the fee paid to a member of management board?" Mister X has been elected as a member of the management board of a private limited company. The member is satisfied...

In the 3/2017 issue of accounting magazine „Raamatupidamisuudised“, attorney-at-law and partner Jaak Siim is explaining in which cases and to what extent an entrepreneur is liable for the payment of taxes applicable to the import of goods if the undeclared items are stolen or dispossessed in other illegal manner.

Attorney-at-law Tambet Laasik of the LEADELL Pilv successfully represented a client in the Estonian Supreme Court in case No. 3-2-1-26-17. This is a conceptual court ruling with regard to the assessment of validity of transactions made by a board member. The Supreme Court annulled the decisions of the County...

The use of holidays can be accompanied by many unexpected consequences both for employers and employees. In the informative bulletin “Salary” of the business daily Äripäev (Palk, No. 15/2017), associate Elin Uusväli of the LEADELL Pilv was a co-author of an article about problems related to holidays. In...

In the middle of April an almost 3 years long court proceeding regarding employment contract reached an end. In the dispute the client of LEADELL Pilv (contractor) claimed through court the agreed fee for the performed work.

The new Labour Code of the Republic of Lithuania will enter into force on 1 July 2017. More liberal regulation of employment relations is expected to encourage foreign investment in Lithuania and facilitate the creation of new jobs.

In the 2/2017 issue of accounting magazine „Raamatupidamisuudised“ the article „Deterioration, loss or shortage of goods – who is responsible?“ by attorney-at-law Tambet Laasik and lawyer Irina Meldjuk was published. The article is covering legal and evidential problems occurring with the loss of goods, and the related responsibility.

Partner Pirkka-Marja Põldvere is explaining in the news portal Delfi how the Estonian Supreme Court has specified the limits of liability of board members. In the decision from 29 March 2017, the Supreme Court established that in certain cases the liability of board members is up to 10 years. Usually...

Attorney from law office LEADELL Pilv Aleksandr Tsemin has written an article in web publication of Postimees magazine, the topic of which: “Is new owner of an apartment obliged to pay old debts?” There are only a few apartment buildings where amongst the residents prevails total consensus, as...

The year of 2017 in Estonia has begun with active discussions on various measures for keeping and increasing the motivation of employees , including wider trust of employees and shortening of workdays. Although the suggested ideas are good, they also presume amendments to laws. The current Employment Contracts Act...

Attorney-at-law Epp Lumiste of the LEADELL Pilv Law Office successfully represented a client in dispute with Labour Inspectorate where the inspectorate had imposed a fine to board member of an employer for the violation of requirements provided in Art 137 of the Traffic Act. It may be a significant...

In the article „Self-employed - to be or not to be?“ (accounting news Raamatupidamisuudised No 7, 2016) attorney-at-law Jaak Siim has written about the (dis)advantages of an employer who is a natural person and analysed if such business form has got any future in the Estonian entrepreneurship.

In the 6th issue of the financial magazine Raamatupidamisuudised an article „Special audit helps applying the right of minority shareholders“ by attorney Karin Ploom was published. The author explains how, based on Art 330 (1) of the Commercial Code, the shareholders whose shares represent at least one-tenth of the share...

On 29 February 2016 the Aivar Pilv Law Office in cooperation with accounting magazine Raamatupidamisuudised is organising a seminar „Member of management board: liability and risks“ where attorneys-at-law Jaak Siim and Britta Oltjer of the Aivar Pilv Law Office will participate as lecturers. The aim of the seminar is...

On 17 December 2015 the Delfi news portal published an article „Termination of employment contract on the example of state and Estonian Air: pressure on employees, cash payments“ by attorneys-at-law Epp Lumiste and Häli Jürimäe. In the article, with regard to the termination of activities of the national airline...

On 2 December 2015 the web edition of the daily Eesti Päevaleht published an article „Creditors of Estonian Air – unite!“ by attorneys-at-law Epp Lumiste and Häli Jürimäe of the Aivar Pilv Law Office. In the article the authors are analysing the possibilities of the creditors to protect their...

On 20 October 2015 the article „Private limited company, responsibility and stupidity“ by attorney-at-lawPirkka-Marja Põldverewas published in newspaper Postimees. In the article, the author is presenting her opinion regarding the common problem in Estonia related to the taxation of private limited companies and the provided services with employment taxes....

On 18 October 2015, the article „Decision of Supreme Court provided new possibility to prevent withdrawal of assets from companies“ by attorney-at-law Tambet Laasik was published in Postimees Online. In the article, the author explains in the light of the latest decision of the Supreme Court that by now...

On 2 October 2015 an article „Incorrect annual report may annul the decision of general meeting“ by attorney-at-law Anneli Aab was published in the web edition of Postimees newspaper. In the article, based on the latest practice of the Supreme Court, the author is explaining the possible outcome of...

In the September 2015 issue of magazine Raamatupidamisuudised an article „Control for submitting an annual report becoming more efficient“ by attorney-at-law Jaak Siim was published. The article is introducing the draft amendments of the Commercial Code and the Taxation Act and the related laws, by which the valid regulation...

On 14 August 2015 in the Äripäev news portal ehitusuudised.ee an article „Tenderer accepts bribe – redeemable in the sense of new law?“ by attorneys-at-law Britta Oltjer and Epp Lumiste was published. The article concentrates on a novel principle of the Estonian public procurements – redeeming, and the accompanying...

On 29 May 2015 an article „About the responsibility of board member: to trust but to control“ by attorney-at-law Anneli Aab and attorney Marko Pilv was published in the Online edition Juhtimine.ee of the daily Postimees. The aim of the published article is to draw attention of any company...

On 23 May 2015 an article „Work relation ended – what next?“ by attorney-at-law Epp Lumiste was published in online website Tarbija24 of the daily Postimees. The article explains the circumstances necessary to be assessed regarding the cancellation of an employment contract if a contract party is not satisfied...

On 11 May 2015 the Äripäev online news ehitusuudised.ee published the article „Consequences if successful bidder refuses to conclude procurement contract“ by attorneys-at-law Britta Oltjer and Häli Jürimäe. The article explains which requirements can be provided by the contractor against a bidder if the procurement contract is refused to...