Best Business Lawyers in Kos

About Business Law in Kos, Greece

Business law in Kos, like the rest of Greece, is governed by national legislation applied across all islands. Commercial activity follows the Greek Civil and Commercial Code, with key rules about company formation, contracts, and liability. Registration and licensing are primarily centralized through national registries and ministries, even for businesses operating on an island. Local authorities in Kos may require specific permits for hospitality, tourism, and food service, aligned with national standards.

For residents of Kos, understanding the interaction between national rules and island-specific enforcement helps prevent delays and penalties. Most standard processes, such as company registration and VAT registration, are handled online through official portals and registries. Consultation with a local attorney can help tailor compliance to the tourism-driven economy of Kos and navigate seasonal workforce needs. Reliable information comes from official sources such as the Greek legislation database and government portals.

Key sources for Greek business law you may consult include official portals and registries. See legislation.gov.gr for enacted laws and gov.gr for service procedures. For company registration details, consult the General Commercial Registry (GEMI).

Why You May Need a Lawyer

Opening or expanding a business in Kos involves multiple regulatory steps where precise drafting and timely actions matter. A lawyer helps you avoid common pitfalls in a tourism-focused market with seasonal staffing and logistics. Below are concrete scenarios requiring legal counsel.

• You plan to form a Greek company in Kos and must choose between an S.A. (Société Anonyme) or a Limited Liability Company, with filing, share structure, and governance implications. A solicitor ensures proper incorporation documents and compliance with Law 2190/1920 and related amendments.
• Drafting or reviewing supplier, distribution, or franchise contracts with businesses in Kos or on the mainland, to protect against hidden liability and ensure enforceable terms under Greek contract law.
• Hiring seasonal staff for a hotel, restaurant, or tour operation in Kos, including work permits for non-EU workers and compliance with Greek labor and social security requirements (EFKA).
• Seeking trademark protection for a Kos-based brand or hospitality service to prevent infringement and ensure rights in Greece and the EU market.
• Negotiating commercial leases for retail or hospitality premises on Kos, including rent terms, assignment, termination, and compliance with local zoning and safety standards.
• Dealing with consumer protection issues for tourism services, including refunds, cancellations, and online sales, under Greek consumer protection laws.

Local Laws Overview

Kos follows national Greek laws, with local enforcement tailored to the island's tourism-driven economy. The key legal frameworks include company formation, taxation, and consumer protection, supplemented by labor and data protection rules. Registration and licensing processes are largely centralized but may require local permits for specific activities in Kos.

Law 2190/1920 on Sociétés Anonymes and Limited Liability Companies governs corporate structure, governance, and shareholder rights for companies formed in Greece. It remains the foundational framework for S.A.s and E.E.s, with widespread amendments over time to reflect modern corporate practice.

Tax and compliance with the Greek Tax Code (Law 4174/2013, as amended) sets out income tax, corporate tax, VAT, and tax administration procedures applicable to all Greek businesses, including those operating in Kos. Ongoing updates affect filing timelines and digital reporting requirements.

Consumer Protection and E-commerce Rules (Law 2251/1994, with amendments) apply to hospitality, retail, and online sales in Kos. This regime regulates advertising practices, refunds, and service quality standards that impact tourism businesses.

In addition, the Greek Civil Code and the Code of Civil Procedure govern contractual disputes and enforcement in Kos courts when disagreements arise. For matters concerning data handling and privacy, businesses must comply with EU and national data protection requirements.

Recent trends include accelerated digital licensing, online tax filings, and expanded data protection obligations for businesses with customer data. For official guidance, consult legislation.gov.gr and gov.gr, which provide current text and procedures.

Source: European data protection framework and Greek law resources

Relevant official resources to verify these laws include the Greek legislation database and government portals. See legislation.gov.gr for enacted statutes, and gov.gr for licensing and service procedures. For corporate formations and registries, check GEMI.

Frequently Asked Questions

What is the difference between an LLC and a SA in Greece?

An LLC (EPE) and a SA (S.A.) differ in shareholding structure, minimum capital, and governance formalities. S.A.s typically suit larger ventures with more shareholders, while LLCs suit smaller operations with simpler governance. A lawyer helps choose the structure that matches your plans in Kos.

How do I register a business in Kos from abroad?

Start by selecting the appropriate business form and obtaining a Greek tax number. Use GEMI and the general portals on gov.gr to file forms online, and you may need a local attorney to coordinate with local authorities in Kos. Expect several weeks for processing depending on complexity.

What is the cost of hiring a business lawyer in Kos?

Costs vary by case and counsel experience, typically ranging from several hundred to several thousand euros for initial consultations and project work. Discuss scope and fees upfront and request an engagement letter detailing services and timelines.

How long does it take to set up a company in Greece?

For small to medium enterprises, incorporation can take 2-6 weeks depending on documentation and government processing times. Having complete, correctly formatted documents speeds up the process in Kos. Timelines may extend during peak tourism seasons.

Do I need a lawyer to sign a shop lease in Kos?

While not legally mandatory, a lawyer should review commercial lease terms to protect against unfavorable renewal, subletting, or termination clauses. A local attorney can negotiate terms aligned with Kos market conditions.

What is a notary's role in Greek company formation?

Anotaries translate and certify foundational documents required for incorporation, including articles of association. They ensure authenticity before registry and can be essential in complex ownership structures in Kos.

Can I protect my brand with a Greek trademark?

Yes. A Greek trademark protects distinct signs used in commerce. Consider national protection in Greece and EU-wide rights through EUIPO for broader coverage. A lawyer can guide filing strategy and watch for conflicts.

Should I implement a data protection plan for my Kos business?

Yes. Compliance with GDPR and Greek data protection rules is essential for customer data handling and marketing. A data protection officer or consultant can help implement policies, procedures, and training.

Is online licensing possible for a Kos-based tourism business?

Most licensing steps can be initiated online via gov.gr and GEMI, but some permits may require in-person visits or local verification. A lawyer helps ensure you submit complete digital files and meet local requirements.

What is the difference between a Greek general partnership and a limited partnership?

A general partnership involves all partners sharing unlimited liability and management duties. A limited partnership includes at least one general partner and one limited partner with liability restricted to contributed capital. A lawyer can structure the partnership to fit your business plan in Kos.

Do I need to register for VAT in Greece if I operate in Kos?

Yes, most businesses in Greece must register for VAT when thresholds are met or for cross-border trading. A Greek tax advisor or attorney can help you determine registration needs and filing requirements for Kos operations.

Additional Resources

• Gov.gr - Official portal for Greek government services including business licensing, permits, and registrations. Useful for step-by-step procedures and forms. https://www.gov.gr
• General Commercial Registry (GEMI) - Central registry for company formation, amendments, and corporate records in Greece. https://www.gemi.gov.gr
• European Commission GDPR Portal - Guidance on data protection requirements for businesses operating in the EU, including Greece. https://ec.europa.eu/info/law/law-topic/data-protection_en

Next Steps

1. Define your business objectives and select the appropriate legal form (LLC vs SA) for operating in Kos.
2. Collect all required documents and consult a Kos-based business lawyer to tailor the plan and draft initial contracts.
3. Register your entity through GEMI and complete VAT, tax, and social security registrations via gov.gr and EFKA as applicable.
4. Obtain essential permits for hospitality or tourism activities from the local Kos municipality and relevant state authorities.
5. Draft key contracts, such as supplier agreements and lease agreements, with lawyer supervision to ensure enforceability.
6. Implement a data protection program aligned with GDPR, and consider appointing a DPO if handling sensitive data or large-scale processing.
7. Agree on a transparent fee arrangement and secure a formal engagement letter before commencing work.