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Opening business in Poland—partnerships vs companies
Apart from the basic form of running a business, which is a sole proprietorship, foreigners can choose to start a business in the form of a partnership or company. Each of these groups includes different types of corporate forms, and their activities depend on various factors.
Capacity fee: a significant increase in electricity prices from 2021
Both industry and households will see increased fees in their electricity bills. Meanwhile, the announced relief for energy-intensive industry is still lacking.
Illegal use of a structure: Fines ruthlessly pursued
First a warning, then possibly repeated fines on investors and owners for illegal use of structures: this is one of the effects of recent changes in the Construction Law.
Who owns data?
A core issue for the data economy is how to define the legal status of data. Can data be the subject of ownership? If not, what rights can be exercised with respect to data? Future models for management of data will depend on the answers to these questions.
Tales from the National Appeal Chamber: Proper calculation of the three-year exclusion period for breach of an earlier contract
An optional ground for exclusion from procurement proceedings, breach of an earlier public contract, is limited to three years after occurrence of the event that is basis for the exclusion. But a problem arising in practice is which event should be considered when calculating the three-year period. Termination of the contract by the contractor? Repudiation of the contract by the contracting authority? Or perhaps entry of a judgment for damages for breach of the earlier contract? The answer can be found in the ruling by the National Appeal Chamber of 26 August 2020 (case no. KIO 1781/20).
Earlier disposal of assets by a debtor does not eliminate the chances of a future creditor
A creditor has a chance to obtain satisfaction through a fraudulent transfer claim even if the debtor disposed of its assets before the claim arose. The intention to injure future creditors is demonstrated by the foreseeability of insolvency, and thus the debtor’s expectation of becoming insolvent with respect to potential creditors.
Legal consequences of a “hard Brexit”
It will soon be 10 months since the United Kingdom withdrew from the European Union. Although Brexit has formally already occurred, the real-life consequences are barely noticeable. But the transition period in force since the beginning of February 2020 is inexorably coming to an end, and it appears less and less likely that before it expires at the end of 2020 the parties will manage to reach an agreement governing the future relations between the UK and the EU.
M&A and corporate law following a “hard Brexit”
It is looking increasingly likely that an agreement governing relations between the UK and the EU after 31 December 2020 will not be reached in time. This could cause some legal turbulence.
All quiet on the choice-of-law front
The Brexit transition period is coming to an end. Whether or not it is still possible for the UK and the EU to reach a new trade agreement, many businesses operating on both sides can expect a number of uncertainties and challenges. Fortunately, one of the issues that will remain stable is the choice of law in contracts. Here Brexit will result in only technical changes.
Judicial cooperation in civil and commercial matters: Choice of law, jurisdiction and enforcement
A hard Brexit would leave choice of law rules largely intact, but remove the UK from convenient EU procedures for recognition and enforcement of judgments.