Traduction de «redressement à deux alternances » (Français → Anglais) :

68.12 Where tax under Part II. 1 has been paid by a licensee in respect of any taxable service and the licensee has made an adjustment or refund of the amount charged because of an error or because the service was not provided, or was only partially provided, by the licensee, an amount equal to the proportion of the amount of that tax that the amount of the adjustment or refund is of the amount charged shall, subject to this Part, be paid to the licensee if he applies therefor within two years after the adjustment or refund.

He gives five areas of concern: one, start with amounts for both years, using the government's cash basis accounting; two, adjust these amounts for known bookkeeping errors in each year; three, adjust these amounts further to eliminate distortions caused by the cash basis of accounting; four, consider the impact of changes in the economy and on the adjusted amounts; and five, consider the impact of changes to registrant behaviour on the adjusted amounts.

Member States shall ensure that for the purposes of Directive XX/XX/EU [Directive on Recovery and Resolution]the general meeting may decide by a majority of two-thirds of the votes validly cast that a convocation to a general meeting to decide on a capital increase may be called at shorter notice than provided in paragraph 1 of this Article, provided that this meeting does not take place within ten calendar days of the convocation and that the conditions of Article 23 or 24 of Directive XX/XX/EU (early intervention triggers)are met and that the capital increase is necessary to avoid the conditions for resolution laid down in Article 27 o ...[+++]f that Directive.

In particular, in the event that the financial viability of the issuer is in grave and imminent danger, although not within the scope of the applicable insolvency law, public disclosure of information may be delayed for a limited period where such a public disclosure would seriously jeopardise the interest of existing and potential shareholders by undermining the conclusion of specific negotiations designed to ensure the long-term financial recovery of the issuer; (b) decisions taken or contracts made by the management body of an issuer which need the approval of another body of the issuer in order to become effective, where the organisation of such an issuer requires the separation between those bodies, provided that public disclosure of ...[+++]the information before such approval, together with the simultaneous announcement that the approval remains pending, would jeopardise the correct assessment of the information by the public.

France, Italy, Luxembourg and Spain have a system of a penalty of imprisonment combined with a fine; Belgium has a system of penalties of imprisonment, provides also for a penalty of the deprivation of one's rights as a citizen and has combination of a fine and/or an imprisonment penalty for petty offences; the United Kingdom and Ireland have a system that allows a choice between a penalty of imprisonment or a fine or a combination of the two; Portuguese legislation punishes some conducts only with imprisonment, other conducts with imprisonment or a fine and others only with a fine.

If the Member State decides to use this scheme, it can either itself choose between the two alternatives or establish a system providing both alternatives and leaving the choice to the beneficiary.