The company that swallowed its own tail
When acquiring shares it is important to examine whether either of the parties is a parent or subsidiary of the other. The existence of such ties may significantly restrict the acquirer’s share rights or even prevent effective acquisition of the shares.
Conversion of a sole trader into a capital company
It is now possible for a person conducting business as an individual to convert the business into a single-shareholder company, carrying over most elements of the existing business—except tax breaks.
Personnel files: in Polish, in writing, and for 50 years
The Labour Code and other regulations require employers to maintain personnel files and other employment documentation, governing such specific issues as the language and longevity of the documentation.
Payment service providers
The Payment Services Act provides a fixed list of types of suppliers of payment services and specifies the range of permissible activity by particular categories of payment service providers.
What information may be protected in a procurement bid as a trade secret?
An offer filed by a bidder in a public procurement procedure may contain information that constitutes a trade secret, which as an exception to the rule of transparency may not be disclosed to other bidders or third parties.
Company not criminally liable for an offence by the management board
A collective entity may not be held responsible for a crime committed by the members of its managerial authorities.
Where there's a will there's a way
The Notarial Register of Wills, recently rolled out by Poland’s National Council of Notaries, makes it easier for creditors to locate a will and establish the legal successors of a deceased debtor.
Securitisation: Be careful about reserving title to sold goods!
A business may enter into an agreement assigning its receivables to a securitisation fund, but effective assignment of claims of title to generically identified sold goods may require notice to the buyer.
Best practice just gets better and better
Under amendments to the WSE Code of Best Practice, companies will have to publish their sponsorship policies and comment on false reports about the company.
Rights of social groups in the construction process
What proceedings do ecological organisations have a right to participate in?
Test for application of the Payment Services Act
In light of the consequences that follow from a duty to comply with Poland’s new Payment Services Act, it is important for companies to review carefully whether the act will apply to the services they perform.
Identification requirements for corporate letterhead
The Commercial Companies Code requires companies to identify themselves in commercial dealings by providing specific information about the company. Failure to do so may have serious consequences for the individuals responsible.
