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In search of lost profit: Business interruption insurance in disastrous times
The classic form of protection against the financial consequences of natural disasters is property insurance, primarily covering the risk of physical damage or destruction. But that is not all. Insurance for businesses can also protect against the loss of profits and against unanticipated costs of business interruption.
Time for change at large listed companies: The Women on Boards Directive
The first proposal of Polish regulations implementing the EU’s Women on Boards Directive, aimed at more balanced representation of women and men on the bodies of large listed companies, has now been published. This is to be achieved by setting requirements for the selection process of candidates for these positions and introducing a minimum level of participation of the underrepresented sex. The proposal comes as no surprise. Work on the directive took a decade, but it nevertheless elicited many comments in public consultations. The member states have to implement the directive by 28 December 2024.
“Permanent economic relations” between the parties to a transaction detrimental to a creditor
A fraudulent transfer claim against a third party protects participants in commerce and helps combat reprehensible actions by debtors aimed at avoiding payment of their debts. Under a fraudulent transfer claim against a third party, a creditor affected by the debtor’s fraudulent behaviour may enforce a claim against assets that the debtor transferred to a third party.
Monitoring fraud under the Artificial Intelligence Act
EU regulations banning certain AI practices go into effect on 2 February 2025. Some institutions may assume that the bans only apply to extreme practices, which they would never be involved in. But the ban on using AI systems to assess the risk of that someone has committed a crime, or will commit a crime, shows that this is not the correct approach. A more in-depth analysis reveals that some market practices now considered standard, especially in financial services, may prove questionable once the bans enter into force. This is particularly true for monitoring of money-laundering risk and more broadly the risk of fraud.
Convertible loans: A practical look
Convertible loans are still a relatively rare debt financing instrument in Polish practice, but have recently gained popularity among startups and in venture capital. In essence, a convertible loan involves granting a loan that may be repaid by converting the debt into equity in the borrower. But depending on the expectations, circumstances and identified risks, the loan provisions can differ widely, with flexibility to modify the positions of the parties. This means it is worth paying attention to a number of financial and legal parameters, including obvious ones that can affect the feasibility of the undertaking.
What form will the deposit-refund scheme take?
The act introducing the deposit-refund scheme in Poland came into force on 13 October 2023. Companies were given a little more than a year to prepare for their new obligations, as the scheme is set to go live on 1 January 2025. But for several months the new government has been announcing changes to the act. The final wording the provisions when the scheme is launched remains an open question.
Disclaimers in consumer promotions: How to avoid a fine from the regulator
Poland’s Office of Competition and Consumer Protection often accuses businesses of using misleading advertising content, violating consumers’ collective interests. This can attract a fines of up to 10% of the company’s annual turnover. One reason for fines can be improper wording or appearance of disclaimers.
Beneficial owners: Which changes need to be reported to the central register
The Central Register of Beneficial Owners went into operation in Poland at the end of 2019. Since then, obligated entities defined in Art. 58 of the Anti-Money Laundering (AML) Act have had to verify whether there is an individual in their structure who can be considered an ultimate beneficial owner, and report this information to the Central Register of Beneficial Owners.
Employee stock options in private gaming companies: Corporate aspects
Company shares are seen as an important element of the overall remuneration for professionals in the IT industry. This is also the case in companies developing video games. Prospective employees or contractors expect to be able to take a stake in the rapidly growing company as part of their remuneration package.
Facilitation of biogas plants: An overview of the most important changes in legislation
We devoted the third article in our series on biogas plants to administrative decisions and other requirements for implementation of biogas projects. In this article, we present the most significant legislative amendments concerning biogas plants that came into effect last year.