Business Law

The Law Office of Vanja Marković is focused on providing legal services to international and local companies operating in Croatia. Our approach is to integrate legal services with key aspects of accounting and tax laws and regulations, as well as to apply international best practice to matters under our review. Our services entail a combined expertise in business law disciplines, such as M&A, corporate law, contract law, tax law, labour law, bankruptcy law, international transactions, corporate governance, litigation and dispute resolution and intellectual property law.


Labour Law

In this area of law, our legal assistance includes tax and legal advisory, compliance with regulations, as well as representation in litigation and other proceedings. In all of these activities, we are committed to applying best practices in corporate governance to ensure good long-term employer/employee relationships.

In regards to secondment of foreign employees to Croatia and vice-versa, the Law Office of Vanja Marković also provides legal assistance in all matters involving Croatian immigration law, legalization of documents, entry and/or work visas, comprehensive case management and representation before national institutions and agencies. 


Family Enterprises

Family-owned enterprises face a multitude of issues, such as succession from one generation to the next, challenges in financing the business’s growth without undermining family influence, as well as implementing adequate corporate governance principles.

The Law Office of Vanja Marković provides advice to family-owned enterprises on matters such as corporate and tax law, as well as comprehensive advice on questions relating to remuneration policies and succession. We also assist such enterprises during reorganizations and restructurings, and in the creation of joint ventures.

We represent the interests of family-owned businesses and their shareholders or members in negotiations, as well as in both court and out of court procedures.


Distribution

Many foreign companies have established subsidiaries in Croatia for the distribution of products in Croatia and in neighbouring countries. This business model requires ongoing implementation and adjustments of group policies and the alignment of corporate and commercial legal documents to the Croatian legal framework. In this respect, the Law Office of Vanja Marković can provide legal assistance on a wide range of matters related to distribution agreements, competition matters, consumer protection, license agreements and other formats of product sales and distribution.


Digital Media

Digital media is developing at a rapid pace and new forms of digital distribution are creating even greater possibilities to reach new potential consumers. However this also opens a series of legal issues that constantly need to be aligned with the relevant legal framework, especially in the fields of intellectual property and privacy protection. With our knowledge and experience, the Law Office of Vanja Marković is able to offer support to individuals and legal entities in the legal disciplines that encompass this fast changing industry.


Energy & Infrastructure

Croatia’s natural resources, the possibility to utilize European Union funds and a variety of incentives available for investments in energy production and harnessing renewable sources of energy have lead to increased interest from international and domestic companies for investing in this industry. The services offered by the Law Office of Vanja Marković in this field include, among others, investment structuring, representation in legal proceedings, assistance in obtaining tax and other relief, as well as assistance in obtaining subsidies, incentives and other forms of financing, including the use of EU funds.


Hospitality Industry

With our experience in major transactions in the local hospitality industry, particularly in hotel acquisitions and dispositions, the Law Office of Vanja Marković can provide comprehensive legal support to investors who are purchasing hotel facilities, as well as to management companies. We also represent industry investors and lenders, and work diligently to ensure that our client’s best interests are maintained in this progressive and rapidly expanding industry. Our expertise in the hospitality industry includes experience and knowledge of several practice areas, which enables us to provide assistance related to real estate matters, finance structuring, management agreements, and franchise and distribution agreements.


Corporate Governance

Our clients rely on our experience to draft announcements, reports and periodic disclosure documents, to periodically review internal governance acts related to corporate governance, to make recommendations to the management and supervisory boards regarding reporting practices, to prepare company deeds of incorporation and liaising with local authorities and regulators in relation to the company’s compliance with local laws and regulations.

The Law Office of Vanja Marković also provides practical advice and guidance on legal and regulatory requirements, best practice solutions and emerging trends in relation to corporate governance issues. This entails, among others, defining the duties and liabilities of directors, management and advisory board composition and effectiveness, general board policies, market disclosure, senior level remuneration structures, senior level employment contracts, preparation of annual reports and preparation of shareholder meetings.

We work alongside senior level management and human resources managers to devise corporate governance policies and draft internal regulations and procedures that are in line with local and European laws and regulations, the OECD Principles of Corporate Governance and widely accepted best practices.


Executive Compensation

The Law Office of Vanja Marković provides legal support to companies in preparing employment contracts for company executives. Furthermore, we assist in structuring incentive plans for management personnel, such as equity-based compensation programs, annual and long-term incentive plans, and deferred compensation plans.

We additionally advise companies regarding fiduciary and governance concerns, reporting and disclosure requirements, and tax compliance and planning matters, making sure all decisions are in compliance with local laws and regulations and international best practices (recommendations by the EU and the OECD Principles of Corporate Governance).


Tax Law

When planning a transaction, we always recommend that our clients consider possible tax implications and we assist them in identifying their best possible options. The Law Office of Vanja Marković advises international and local clients on all aspects related to tax issues and has extensive experience in the areas of corporate structuring and tax litigation.


Data Protection

REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) marks a new approach to data protection whereas formal compliance with the law requirements is no longer sufficient.

Namely, provisions of GDPR instead have introduced a concept of continuous systematization, control and transparency in collection, processing and use of data as one of the fundamental pillars for growth and development of digital society. It is necessary to implement efficient solutions for adjustment to GDPR in compliance with the best practice.

Our approach to GDPR adjustment can be described as follows:

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One of the novelties introduced by GDPR is the possibility to appoint as a data protection of the company (DPO) a person that is not necessarily an employee of the company, including the possiblity to appoint an attorney.

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All of this will, at the same time, enable better data protection and will provide less risk for the company (dana collector) from claims for unlawful use of data to the appriate institutions such as Data Protection Agency.


Immigration Law

Law office Marković offers a range of services related to residence and work of foreigners in Croatia and services for Croatian citizens in Croatia who are resident and/or working abroad (e.g. avoidance of double taxation, tax residency, submission of tax returns).

a) Work and residence permit for foreigners
Foreigners who plan to work in Croatia (regardless of the fact if they are assigned employees, seasonal workers, or other) they need to obtain a valid working permit (work and residence permit) issued by the Ministry of Internal Affairs (MUP) in the procedure upon submission of the request or application for a particular immigration procedure.

Law office Marković provides assistance to such individuals and members of their families, as well as to companies granting employment to foreign workers, to fulfil certain requirements prescribed by the law by offering the following:
•Assistance related to immigration and immigration procedures;
•Assistance to fill out designated applications for residence permit, working permit and/or visa or assistance related to legalization of foreign documents;
•Assistance to obtain residency for individuals and their families;
•Advisory for renewal or maintenance of the residence permit in Croatia;

b) Certificate on Notification of Work
In addition to the residence and work permit, a foreigner in Croatia has the possibility to work based on the certificate on notification of work („potvrda o prijavi rada“ or „work certificate“).

The work certificate is issued by Ministry of Internal Affairs (MUP) to certain categories of workers as defined according to the Law of Foreigners The work certificate is issued for a period of 90, 60 or 30 days.

This procedure is applicable to foreign citizens and to EU citizens of those member states, which maintain work restrictions for Croatian citizens based on the transitory provisions till 2020 (EU countries which apply work reciprocity measures).

c) Business Visa
Filing of the request for business visa (or any other type of visa) in diplomatic or consular offices requires collection of various excerpts, certificates, statements and other documents issued in the Republic of Croatia. As experienced service provider this law office is available to facilitate the process and to make it faster and more efficient.

d) Croatian Citizenship
Foreigners who intend to apply for the Croatian citizenship have the right to submit their application to the competent police office in Croatia or diplomatic or consular offices abroad if they fulfil the conditions prescribed by the Croatian citizenship Act.

Law office Marković shall assist the applicants by verifying if they comply with the requirements of the law, or will assist them filing the forms and questionnaires and collecting underlying documents as well as to represent them before the competent authorities.

e) Taxation of foreigners
For a foreigner working or sourcing income in Croatia (based on employment or service, from capital, insurance, property or other) it is necessary to determine if it qualifies as a Croatian tax resident or a tax resident of its home country.

Advice of the attorney is recommended in all matters of taxation in Croatia since it can identify certain tax implications upon change of domicile, residence, employment or earning of any kind of income in Croatia.

f) Tax returns for non-resident Croatian citizens
Croatian citizens who work or earn certain income abroad, in case when they have a domicile or habitual abode abroad (Non-resident Croatian citizens), are in principle obliged to pay personal income tax in a foreign country. However, in case when a Croatian citizen, who is considered to be a tax residence in a foreign country, earns certain income in Croatia and abroad, Croatia can tax the Croatian-sourced income (depending on the type of the income). In such situations, this law office provides advisory services regarding application of double taxation treaties and determining the obligations of such individuals in relation to their Croatian-sourced income (filing the appropriate reports and similar).