Wiener Auslandergrundverkehrsgesetz, LGBL. Nr. 11/1998.
CY: Immovable Property Acquisition (Aliens) Law (Chapter 109), as amended.
CZ: Act No. 503/2012, Coll. on State Land Office as amended.
DK: Danish Act on Acquisition of Real Property (Consolidation Act No. 265 of
21 March 2014 on Acquisition of Real Property);
Acquisition Executive Order (Executive Order No. 764 of 18 September 1995); and The Agricultural Holdings Act (Consolidation Act No. 27 of 4 January 2017).
EE: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act) Chapter 2 § 4, Chapter 3§ 10, 2017.
EL: Law 1892/1990, as it stands today, in combination, as far as the application is concerned, with the ministerial decision F,110/3/330340/S. 120/7-4-14 of the Minister of National Defense and the Minister of Citizen Protection.
HR: Ownership and other Proprietary Rights Act (OG 91/96, 68/98, 137/99, 22/00, 73/00, 129/00, 114/01, 79/06, 141/06, 146/08, 38/09, 143/12, 152/14), Articles 354 to 358.b;
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Agricultural Land Act (OG 20/18, 115/18, 98/19) Article 2; General Administrative Procedure Act.
MT: Immovable Property (Acquisition by Non-Residents) Act (Cap. 246); and Protocol No 6
of the EU Accession Treaty on the acquisition of secondary residences in Malta.
PL: Law of 24th March 1920 on the Acquisition of Real Estate by Foreigners (Journal of Laws of 2016, item 1061 as amended).
With respect to Investment liberalisation â National treatment:
In HU: The purchase of real estate by non-residents is subject to obtaining authorisation from the appropriate administrative authority responsible for the geographical location of the
property.
Measures:
HU: Government Decree No. 251/2014 (X. 2.) on the Acquisition by Foreign Nationals of Real Estate other than Land Used for Agricultural or Forestry Purposes; and Act LXX VIII of 1993 (Paragraph 1/A).
With respect to Investment liberalisation âNational treatment, Most-favoured nation
treatment:
In LV: Acquisition of urban land by nationals of Chile is permitted through legal persons
registered in Latvia or other Member States:
(i) if more than 50 per cent of their equity capital is owned by nationals of Member States, the Latvian Government or a municipality, separately or in total;
Gi) if more than 50 per cent of their equity capital is owned by natural persons and companies of third country with whom Latvia has concluded bilateral agreements on promotion and reciprocal protection of investments and which have been approved by the Latvian Parliament before 31 December 1996;
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(ii) if more than 50 per cent of their equity capital is possessed by natural persons and companies of third country with whom Latvia has concluded bilateral agreements on promotion and reciprocal protection of investments after 31 December 1996, if in those agreements the rights of Latvian natural persons and companies on acquisition of land in the respective third country have been determined;
(iv) if more than 50 per cent of their equity capital is possessed jointly by persons referred to in points (i) to (iii); or
(v) which are public joint stock companies, if their shares thereof are quoted in the stock exchange.
Where Chile allows Latvian nationals and enterprises to purchase urban real estate in their territories, Latvia will allow nationals and enterprises of Chile to purchase urban real estate in
Latvia under the same conditions as Latvian nationals.
Measures:
LV: Law on land reform in the cities of the Republic of Latvia, Section 20 and 21.
With respect to Investment liberalisation - National treatment, Most-favoured-nation
treatment:
In DE: Certain conditions of reciprocity may apply for the acquisition of real estate.
In ES: Foreign investment in activities directly relating to real estate investments for diplomatic missions by states that are not Member States requires an administrative authorisation from the Spanish Council of Ministers, unless there is a reciprocal liberalisation
agreement in place.
In RO: Foreign nationals, stateless persons and legal persons (other than nationals and legal persons of a Member State of the EEA) may acquire property rights over lands, under the conditions regulated by international treaties, based on reciprocity. Foreign nationals, stateless persons and legal persons may not acquire the property right over lands under more
favourable conditions than those applicable to natural or legal persons of the European Union.
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Measures:
DE: Einfiihrungsgesetz zum Biirgerlichen Gesetzbuche (EGBGB; Introductory Law to the Civil Code).
ES: Royal Decree 664/1999 of 23 April 1999 relating to foreign investment.
RO: Law 17/2014 on some measures regulating the selling-buying agricultural land situated outside town and amending; and
Law No 268/2001 on the privatization of companies that own land in public ownership and private management of the state for agricultural and establishing the State Domains Agency,
with subsequent amendments.
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Reservation No. 2 - Professional services (except health-related professions)
Sector â sub-sector:
Industry classification:
Type of reservation:
Chapter Chapter/Section: Level of Government:
Description:
Professional services â legal services; patent agent, industrial property agent, intellectual property attorney; accounting and bookkeeping services; auditing services, taxation advisory services; architecture and urban planning services, engineering
services and integrated engineering services
CPC 861, 862, 863, 8671, 8672, 8673, 8674, part of 879
National treatment
Most-favoured-nation treatment
Senior management and boards of directors
Local presence
Investment liberalisation, Cross-border trade in services
EU/Member State (unless otherwise specified)
(a) Legal services (part of CPC 861)?
For the purposes of this reservation:
(a) "domestic lawâ means the law of the specific Member State and European Union law;
(b) âpublic international lawâ excludes European Union law and includes law established by international treaties and conventions, as well as international customary law;
(c) "legal adviceâ includes provision of advice to and consultation with clients in matters, including transactions, relationships and disputes, involving the application or interpretation of law; participation with or on behalf of clients in negotiations and other dealings with third parties in such matters; and preparation of documents governed in whole or in part by law, and the verification of documents of any kind for purposes of and in accordance with the requirements of law;
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For greater certainty, consistent with the Headnotes, in particular paragraph [X] requirements to register with a Bar may include a requirement to have obtained a law degree in the host country or its equivalent, or to have completed some training under the supervision of a licensed lawyer, or to have an office or a postal address within the jurisdiction of a specific Bar in order to be eligible to apply for membership in that Bar. Some Member States may impose the requirement of having the right to practise host-jurisdiction law on those natural
persons holding certain positions within a law firm/company/enterprise or for shareholders.
With respect to Investment liberalisation âNational Treatment and Cross-border trade in
services â National treatment, Local presence:
In EU: Legal representation of natural or legal persons before the European Union Intellectual Property Office (EUIPO) may only be undertaken by a legal practitioner qualified in one of the Member States of the European Economic Area and having their place of business within the European Economic Area, to the extent that they are entitled, within the said Member State, to act as a representative in trade mark matters or in industrial property matters and by professional representatives whose names appear on the list maintained for this purpose by the EUIPO. (Part of CPC 861)
In AT: EEA or Swiss nationality as well as residency (commercial presence) is required for the practice of legal services in respect of domestic (European Union and Member State) law, including representation before courts. Only lawyers of EEA or Swiss nationality are allowed
to provide legal services through commercial presence. The practice of legal services in
(d) "legal representationâ includes preparation of documents intended to be submitted to administrative agencies, the courts or other duly constituted official tribunals; and appearance before administrative agencies, the courts or other duly constituted official tribunals;
(e) "legal arbitration, conciliation and mediation " means the preparation of documents to be submitted to, the preparation for and appearance before, an arbitrator, conciliator or mediator in any dispute involving the application and interpretation of law. It does not include arbitration, conciliation and mediation services in disputes not invalving the application and interpretation of law, which fall under services incidental to management consulting. It also does not include acting as an arbitrator, conciliator or mediator. As a sub-category, international legal arbitration, conciliation or mediation services refers to the same services when the dispute involves parties from two or more countries,
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respect of public international law and home country law is only allowed on a cross-border basis. Equity participation and shares in the operating result of any law firm by foreign lawyers (who must be fully qualified in their home country) is allowed up to 25 per cent; the rest must be held by fully qualified EEA or Swiss lawyers and only the latter may exercise
decisive influence in the decision making of the law firm.
In BE: (with respect also to Most-favoured-nation treatment) Residency is required for full admission to the Bar, and necessary for the practice of legal services in respect of Belgian domestic law, including representation before courts. The residency requirement for a foreign lawyer to obtain full admission to the Bar is at least six years from the date of application for registration, three years under certain conditions. Requirement to have a certificate issued by the Belgian Minister of Foreign Affairs under which the national law or public international
convention allows reciprocity (reciprocity condition).
Foreign lawyers may practise as legal consultants. Lawyers who are members of foreign (non- EU)
Bars and want to establish in Belgium but do not meet the conditions for registration on the Tableau
of fully qualified lawyers, on the EU-list or on the List of Trainee Lawyers, may request registration
on the so-called "B-List". Only at the Brussels Bar there exists such a "B-List". A lawyer on the Blist
is allowed to give advice. Representation before "the Cour de Cassation" is subject to
nomination on a specific list.
In BG: (with respect also to Most-favoured-nation treatment) Reserved to nationals of a Member State, of another State which is a party to the Agreement on the EEA, or of the Swiss Confederation who has been granted authorisation to pursue the profession of lawyer according to the legislation of any of the aforementioned countries. A foreign national (except for the above mentioned) who has been authorised to pursue the profession of lawyer in accordance with the legislation of his or her own country, may appeal before judicial bodies of the Republic of Bulgaria as defence-counsel or mandatary of a national of his or her own
country, acting on a specific case, together with a Bulgarian attorney-at-law, in cases where
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this has been envisaged in an agreement between the Bulgarian and the respective foreign state, or on the basis of mutuality, making a preliminary request to this effect to the Chairperson of the Supreme Bar Council. Countries, in respect of which mutuality exists, shall be designated by the Minister of Justice, upon request of the Chairperson of the Supreme Bar Council. In order to provide legal mediation, a foreign national must have a permit for long-term or permanent residence in the Republic of Bulgaria and has been entered in the
Uniform Register of Mediators with the Minister of Justice.
In CY: EEA or Swiss nationality as well as residency (commercial presence) is required. Only advocates enrolled in the Bar may be partners or shareholders or members of the board of
directors in a law company in Cyprus.
In CZ: Full admission to the Bar is required. For the practice of legal services in respect of domestic (European Union and Member State) law, including representation before courts, EEA or Swiss nationality is required. For all legal services, residence (commercial presence)
is required.
In DE: Only lawyers with EEA and Swiss qualification may be admitted to the Bar and are thus entitled to provide legal services in respect of domestic law. Commercial presence is required in order to obtain full admission to the Bar. Exemptions may be granted by the competent bar association. For foreign lawyers (with other than EEA and Swiss qualification) there may be restrictions for holding shares of a lawyers company which provides legal services in domestic law. Foreign lawyers can offer legal services in foreign law and in public international law when they prove expert knowledge, registration is required to provide legal
services in Germany.[National legislation under revision]
In DK: Legal services provided under the title âadvokatâ (advocate) or any similar title, as well as representation before the courts, is reserved for advocates with a Danish license to
ptactice. EU, EEA and Swiss advocates may practice under the title of their country of origin.
Shares of a law firm can only be owned by advocates who actively practice law in the firm, its parent company or its subsidiary company, other employees in the firm, or another law firm
registered in Denmark. Other employees in the firm may collectively only own less than 10
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per cent of the shares and of the voting rights, and in order to be shareholders they must pass
an exam on the rules of particular importance for the practice of law.
Only advocates who actively practice law in the firm, its parent company or its subsidiary company, other shareholders, and representatives of employees, may be members of the board. The majority of the members of the board must be advocates who actively practice law in the firm, its parent company or its subsidiary company. Only advocates who actively ptactice law in the firm, its parent company or its subsidiary company, and other shareholders
having passed the exam mentioned above, may be a director of the law firm.
In EE: Residency (commercial presence) is required for the practice of legal services in respect of domestic (European Union and Member State) law, and participation in criminal
proceedings representation before the Supreme Court.
In EL: EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of domestic (European Union and Member State) law,
including representation before courts.
In ES: EEA or Swiss nationality is required for the practice of legal services in respect of domestic law, including representation before courts. The competent authorities may grant
nationality waivers. Professional address is required in order to provide any legal services.
In FI: EEA or Swiss residency and Bar membership is required for the use of the professional title of "advocate" (in Finnish "asianajaja" or in Swedish "advokat"). Legal services, including
Finnish domestic law, may also be provided by non-Bar members.
In FR: Residency or establishment in the EEA is required for full admission to the Bar, which is necessary for the practice of legal services in respect of domestic law, including representation before courts. Representation before "the Cour de Cassation" and "Conseil d'Etat" is subject to quotas and reserved for French and EU nationals. Members of a Bar in Chile may register as foreign legal consultant in France to offer certain legal services in
France on a temporary or permanent basis, in respect of Chilean law and public international
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law. A business address within the jurisdiction of the French Bar of registration or
establishment in the EEA is required to practice on a permanent basis.
In HR: European Union nationality is required for the practice of legal services in respect of domestic (European Union and Member State) law, including representation before courts. In proceedings involving public international law, parties may be represented before arbitration courts and ad hoc courts by foreign lawyers who are members of their home country bar association Only a lawyer who has the Croatian title of lawyer can establish a law firm
(Chilean firms can establish branches, which may not employ Croatian lawyers)
In HU: Full admission to the Bar is subject to EEA or Swiss nationality and residency (commercial presence) for the practice of legal services in respect of domestic law, including representation before courts. Foreign lawyers may provide legal advice on home country and public international law in partnership with a Hungarian attorney or a law firm. A cooperation contract concluded with a Hungarian attorney (iigyvéd) or law firm (iigyvédi iroda) is required. A foreign legal adviser cannot be a member of a Hungarian law firm. A foreign lawyer is not authorized for the preparation of documents to be submitted to, or act as
the client's legal representative before an arbitrator, conciliator or mediator in any dispute.
In LT: (With respect also to Most-favoured-nation treatment) EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of
domestic (European Union and Member State) law, including representation before courts.
Attorneys from foreign countries can practice as advocates in court only in accordance with
international agreements, including specific provisions regarding representation before courts.
In LU (with respect also to Most-favoured-nation treatment): EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of
domestic law, including representation before courts.
The Council of the Order may, on the basis of reciprocity, agree to waive the nationality
requirement for a foreign national.
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In LV (with respect also to Most-favoured-nation treatment): EEA or Swiss nationality is required for the practice of domestic law, including representation before courts. Attorneys from foreign countries can practice as advocates in court only in accordance with bilateral
agreements on mutual legal assistance.
For European Union or foreign advocates, special requirements exist. For example, participation in court proceedings in criminal cases is only permitted in association with an
advocate of the Latvian Collegium of Sworn Advocates.
In MT: EEA or Swiss nationality as well as residency (commercial presence) is required for the practice of legal services in respect of domestic law, including representation before
courts.
In NL: Only locally-licensed lawyers registered in the Dutch registry can use the title "advocate". Instead of using the full term "advocate", (non-registered) foreign lawyers are obliged to mention their home country professional organisation for the purposes of their
activities in the Netherlands.
In PT (with respect also to Most-favoured-nation treatment): residency (commercial presence) is required in order to practice Portuguese domestic law. For representation before courts, full admission to the Bar is required. Foreigners holding a diploma awarded by any Faculty of Law in Portugal, may register with the Portuguese Bar (Ordem dos Advogados), under the same terms as Portuguese nationals, if their respective country grants Portuguese nationals
reciprocal treatment.
Other foreigners holding a Degree in Law which has been acknowledged by a Faculty of Law in Portugal may register as members of the Bar Association provided they undergo the required training and pass the final assessment and admission exam. Only law firms where the
shares belong exclusively to lawyers admitted to the Portuguese Bar can practise in Portugal.
Legal consultation is allowed in any area of foreign and public international law by jurists of
recognized merit, masters and doctors in law (even if non-lawyers and non-university
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