The Law on Protection of Foreign Investments;



Yüklə 445 b.
tarix25.06.2018
ölçüsü445 b.
#51793













The Law on Protection of Foreign Investments; (January 15, 1992/The Foreign Investment Law)

  • The Law on Protection of Foreign Investments; (January 15, 1992/The Foreign Investment Law)

  • The Law on Investment Activity;

  • (January 13, 1995/The Investment Activity Law)

  • The Privatization Law and the Second Privatization Program







Guarantee against adverse changes in legislation;

  • Guarantee against adverse changes in legislation;

  • Guarantees against nationalization and requisition;

  • Guarantee of compensation of damages;

  • Guarantee of repatriation of profits.



  • Participation in enterprises and organizations established with legal entities and citizens of the Republic of Azerbaijan on a shared basis;

  • Establishment of wholly-owned enterprises by foreign investors;

  • Purchase of enterprises, property, buildings, structures, shares in enterprises, other shares, bonds, securities, and certain other property, which may be owned by foreign investors under the laws of the Republic of Azerbaijan;



Acquisition of rights to use land and other natural resources, and also other property rights; and

  • Acquisition of rights to use land and other natural resources, and also other property rights; and

  • Conclusion of agreements with legal entities and citizens of the Republic of Azerbaijan providing for other forms of foreign investment.



  • UN Convention on Recognition and Enforcement of Foreign Arbitral Awards (1958)

  • International Center for Settlement of Investment Disputes - ICSID (Member of World Bank Group).



New Migration Code, effective since 1 August 2013

  • New Migration Code, effective since 1 August 2013

  • New Law on Customs Tariffs effective since 2 October 2013

  • City Planning and Construction Code, effective since 1 January 2013

  • Law on Regulation of Audits of Enterprises and Protection of Entrepreneurs' Interests, will come into effect on 1 March 2014.

  • Exemplary regulation on Industrial Park, 24 April 2013

    • Sumgait Chemical Industrial Park, 21 December 2011
    • High Technologies Park (in Sumgait), 05 November 2012


Extention of Visa period of foreigners

  • Extention of Visa period of foreigners

  • visiting Azerbaijan for business up to

  • sixty days

  • Elimination of finger prints for applying visa

  • Obtaining Electronic visa for tourists via Tourism Companies

  • Issuing Business and Employment visa based on invitation of Representative Office and Branch of a foreign company





A tariff concession can be applied by government for the import of raw materials for production and machines providing modern technology, if production of goods cannot be supplied by local raw materials.

  • A tariff concession can be applied by government for the import of raw materials for production and machines providing modern technology, if production of goods cannot be supplied by local raw materials.



The Law sets the goals and principles of audits of enterprises in Azerbaijan, the rules for conducting audits, the rights and obligations of auditing authorities and their officials, and requirements for the protection of entrepreneurs' rights and interests. 

  • The Law sets the goals and principles of audits of enterprises in Azerbaijan, the rules for conducting audits, the rights and obligations of auditing authorities and their officials, and requirements for the protection of entrepreneurs' rights and interests. 



  • Stimulating measures on taxes and customs

  • Providing free infrastructure

  • Preferential credits

  • Simplifying administrative procedures

  • Low prices on land lease, gas, electricity, water etc.





Open or Closed Joint Stock Company; (OJSC/CJSC)

  • Open or Closed Joint Stock Company; (OJSC/CJSC)

  • Limited or Additional Liability Company;

  • (LLC/ALC)

  • General or Limited Partnership

  • (GP/LP)



A company, where the charter capital is divided into a certain number of shares.

  • A company, where the charter capital is divided into a certain number of shares.







According to the legislation of Azerbaijan, neither representative offices, nor branches of the foreign legal entities are considered as legal entities. Both the representative office and the branch are subdivisions of a legal entity located somewhere other than the legal entity’s location.

  • According to the legislation of Azerbaijan, neither representative offices, nor branches of the foreign legal entities are considered as legal entities. Both the representative office and the branch are subdivisions of a legal entity located somewhere other than the legal entity’s location.

  • The difference is that representative office only represents the interests of the legal entity and protects such interests, while a branch performs legal entity`s all functions or a part thereof, including representation. It means that the scope of a branch`s activities is wider than that of a representative office, because, as opposed to a representative office, a branch may engage in commercial or business activity.

  • The documents to be submitted to the Ministry of Taxes for registration of a representative offices and branches are the same, as is the amount of state duty which is 220 AZN.



A subsidiary is an Azerbaijani legal entity with foreign ownership, which can be registered as a limited liability company or joint-stock company. The parent Company contributes property to its subsidiary, but is not liable for obligations. In spite of the fact that a subsidiary may be owned by foreign nationals, it is considered as an Azerbaijani legal entity for tax, currency accounting, reporting and other requirements.

  • A subsidiary is an Azerbaijani legal entity with foreign ownership, which can be registered as a limited liability company or joint-stock company. The parent Company contributes property to its subsidiary, but is not liable for obligations. In spite of the fact that a subsidiary may be owned by foreign nationals, it is considered as an Azerbaijani legal entity for tax, currency accounting, reporting and other requirements.



All foreign legal entities doing business in Azerbaijan through a “permanent establishment” must register with the tax authorities regardless of whether its activities are subject to profit tax payments.

  • All foreign legal entities doing business in Azerbaijan through a “permanent establishment” must register with the tax authorities regardless of whether its activities are subject to profit tax payments.

  • Registration of a Representative Office or a Branch with tax authorities should take place within one month from start date of operations. Termination of a Representative Office’s or a Branch’s activities should be reported to the authorities one month prior the termination of operations.



Individuals and legal entities involved in entrepreneurial activity and are not registered VAT payers have the right to register as taxpayers under a simplified tax regime.

  • Individuals and legal entities involved in entrepreneurial activity and are not registered VAT payers have the right to register as taxpayers under a simplified tax regime.

  • The simplified tax is calculated from the revenue obtained from the provision of goods, fulfilment of works, rendering of services and non-sale profits at the following rates:

  • •For Baku — 4 percent;

  • •For other regions — 2 percent.



Any legal entity or individual carrying out entrepreneurial activities, whose taxable turnover exceeds AZN 120,000 within any month (months) of previous 12 month period, is required to register for VAT purposes.

  • Any legal entity or individual carrying out entrepreneurial activities, whose taxable turnover exceeds AZN 120,000 within any month (months) of previous 12 month period, is required to register for VAT purposes.

  • The current rate of VAT is 18%.





Resident Legal Entities and a non-resident enterprise operating in Azerbaijan through its permanent establishment are taxed on profit, which is determined as gross income less allowable deductions at a flat rate of 20%.

  • Resident Legal Entities and a non-resident enterprise operating in Azerbaijan through its permanent establishment are taxed on profit, which is determined as gross income less allowable deductions at a flat rate of 20%.

  • The gross income of a non-resident enterprise not connected with the permanent establishment is taxed at the source of payment without expenses being deducted.



Dividends 10%

  • Dividends 10%

  • Interest 10%

  • Royalties 14%

  • Income received from performing works and

  • rendering services 10%

  • International communication and transportation services 6%

  • Interest on financial leasing 10%

  • Risk insurance and re-insurance fees 4%

  • Other items of income from Azerbaijani sources 10%





BHM Baku Law Centre was founded in 2001 and since then has established itself as one of the most reputable and respected law firms in the Republic of Azerbaijan. In over 12 years of successful legal practice, the firm has managed to build a large client base from all over Azerbaijan as well as internationally.

  • BHM Baku Law Centre was founded in 2001 and since then has established itself as one of the most reputable and respected law firms in the Republic of Azerbaijan. In over 12 years of successful legal practice, the firm has managed to build a large client base from all over Azerbaijan as well as internationally.

  • We offer local expertise with strong international connections.

  • The company has rapidly expanded in recent years and has a subsidiary, BHM Consulting Law Company,

  • in Aktau, Kazakhstan.



  • At BHM, our lawyers`  in-depth knowledge of domestic and international practice and experience in banking and finance help us to provide full range of legal services on various kinds of activities, starting from complex international transactions to regular financial



  • BHM advises a large number of local and foreign companies on various aspects of their business activities.

  • Our services cover a broad range of corporate transactions, including mergers and acquisitions, establishment of joint ventures, incorporation of subsidiaries, branches and representation offices of foreign companies and corporate restructuring.

  • We have an extensive experience in the establishment and incorporation of new legal entities, whether local and foreign. Our lawyers advise companies on the drafting of different types of commercial agreements and provide the best legal solutions relating to the international business transactions of our clients. We also take part in different projects and assist foreign companies in their investments in Azerbaijan.



BHM advises local and foreign companies on various employment and labor law matters in Azerbaijan. Our services include drafting employment contracts in compliance with local legislation, advising

  • BHM advises local and foreign companies on various employment and labor law matters in Azerbaijan. Our services include drafting employment contracts in compliance with local legislation, advising



Our lawyers have extensive expertise in a wide range of legal issues affecting the energy and electricity sector and we offer our services to energy and utility companies operating in this highly regulated industry.

  • Our lawyers have extensive expertise in a wide range of legal issues affecting the energy and electricity sector and we offer our services to energy and utility companies operating in this highly regulated industry.

  • Our team of energy lawyers has an in-depth understanding of the energy industry and its regulatory and competitive framework. We offer comprehensive legal advice to oil & gas, construction and engineering companies throughout all stages of a project, starting from project inception, through procurement and construction to operation and maintenance.

  • We focus on large-scale projects and regularly act on major real estate developments, substantial transport projects, accommodation, education and healthcare projects and large-scale energy and industrial projects.



We provide up to date and experienced insight into IP issues in Azerbaijan and offer a broad range of legal services, including registration, management and protection of copyrights, trademarks, brands and patents.

  • We provide up to date and experienced insight into IP issues in Azerbaijan and offer a broad range of legal services, including registration, management and protection of copyrights, trademarks, brands and patents.



BHM has one of the top litigation practices in Baku. Our top litigation lawyers effectively represent our clients before the national courts of Azerbaijan.

  • BHM has one of the top litigation practices in Baku. Our top litigation lawyers effectively represent our clients before the national courts of Azerbaijan.

  • We have demonstrated our strength in litigation and successful court practice



BHM provides legal services to private individuals in various different areas of law.

  • BHM provides legal services to private individuals in various different areas of law.

  • We can offer assistance on all family law matters, including divorce law, alimony and child custody issues. We also advise on property rights, and wills and probate matters.

  • If you need any legal help regarding marriage, divorce, alimony, inheritance or any other issue, you can consult with our skilled lawyers, who can offer legal advice and court representation.



BHM provides legal advice related to acquisitions and disposals, leasing, construction and all surrounding issues relevant to real estate transactions. Our highly skilled lawyers provide advising,

  • BHM provides legal advice related to acquisitions and disposals, leasing, construction and all surrounding issues relevant to real estate transactions. Our highly skilled lawyers provide advising,



Our experienced lawyers at BHM provide the full package of taxation advice to local and foreign companies doing business in Azerbaijan.

  • Our experienced lawyers at BHM provide the full package of taxation advice to local and foreign companies doing business in Azerbaijan.

  • The tax advice services that we provide cover a broad range of business



The General Assembly of the European Olympic Committees has adopted a decision on 8th of December 2012 regarding holding of the I European Games organized for the first time in the European history in 2015 in Baku.

        • The General Assembly of the European Olympic Committees has adopted a decision on 8th of December 2012 regarding holding of the I European Games organized for the first time in the European history in 2015 in Baku.




MR. ANAR BAGHIROV

  • MR. ANAR BAGHIROV

  • MANAGING PARTNER

  •  



  • MR.FARIZ MAMMADOV

  • MANAGING PARTNER



MR.MEHMAN SULTANOV

  • MR.MEHMAN SULTANOV

  • Has been working for the Company for 12 years.

  • Mehman Sultanov is a partner at BHM. Mr.Sultanov's main practice areas are



MS.GULNAR GURBANOVA

  • MS.GULNAR GURBANOVA

  • Has been working for BHM Baku Law Centre

  • for 12 years.



The Legal 500 EMEA 2013, the international rating company which is considered to be the most competent international legal publication providing the most comprehensive worldwide coverage currently available on legal services providers, in over 100 countries recommends BHM Baku Law Centre in 14 areas of Law.

  • The Legal 500 EMEA 2013, the international rating company which is considered to be the most competent international legal publication providing the most comprehensive worldwide coverage currently available on legal services providers, in over 100 countries recommends BHM Baku Law Centre in 14 areas of Law.

  • BHM Baku Law Centre is ranked as one of the leading law firms in 2014 edition of the International Financial Law Review’s Guide to the World’s Leading Financial Law Firms: IFLR1000.



Baku Law Centre” (BHM) LLC SKS PLAZA, 7th floor 49 Fuzuli Street AZ1014, Baku, Azerbaijan Phone: +99412 492 03 57;

  • Baku Law Centre” (BHM) LLC SKS PLAZA, 7th floor 49 Fuzuli Street AZ1014, Baku, Azerbaijan Phone: +99412 492 03 57;

  • +99412 492 28 83

  • +99412 480 00 88 Email: office@bhm.az Web: www.bhm.az

  • BHM Consulting Law Company

  • Grand NurPlaza Business Centre, office15

  • Aktau, Kazakhstan

  • Phone: +7 (7292) 20 32 97

  • Fax: +7 (7292) 40 56 49

  • Email: assel.spataeva@bhm.kz



Yüklə 445 b.

Dostları ilə paylaş:




Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©genderi.org 2024
rəhbərliyinə müraciət

    Ana səhifə