Maciej A. Szewczyk
Specification of the subject of the company’s business in the register
05.02.2015
corporate, M&A
Practical remarks based on the regulations on the National Court Register and the Polish Classification of Activity.
![Specification of the subject of the company’s business in the register](/upload/thumb/wordpress/2017/03/340_new_auto_800x800.png)
Can management board members be appointed retroactively?
24.07.2014
corporate, M&A
If members of the management board are not reappointed for another term, the company does not have a properly constituted representative body. This can affect the validity and effectiveness of actions taken for the company.
![Can management board members be appointed retroactively?](/upload/thumb/wordpress/2017/03/310_new_auto_800x800.png)
Contractual clauses concerning environmental aspects of M&A transactions
13.05.2014
environmental protection, M&A
Properly constructed contractual provisions should adequately secure the interests of the parties in the event of environmental violations. They are relevant to nearly every deal.
![Contractual clauses concerning environmental aspects of M&A transactions](/upload/thumb/wordpress/2017/03/156_new_auto_800x800.png)
Secured creditor's standing to challenge shareholders' resolution
14.04.2014
corporate, M&A
A creditor who attaches shares in a limited-liability company through execution may apply to set aside a resolution by the shareholders’ meeting.
![Secured creditor's standing to challenge shareholders' resolution](/upload/thumb/wordpress/2017/03/3_new_auto_800x800.png)
Two, three, or maybe ten years?
10.03.2014
M&A
The statute of limitations on M&A claims
![Two, three, or maybe ten years?](/upload/thumb/wordpress/2017/03/96_new_auto_800x800.png)
Renunciation of a contract and the requirement to pay a contractual penalty
10.02.2014
M&A
The effectiveness of provisions for payment of a contractual penalty for renunciation of an agreement is determined by the mutual intent of the parties as reflected in the content of the agreement.
![Renunciation of a contract and the requirement to pay a contractual penalty](/upload/thumb/wordpress/2017/03/13_new_auto_800x800.png)
Boilerplate clauses in transaction agreements under Polish law
10.01.2014
corporate, M&A
Not every solution that works in a contract under foreign law is equally effective or justified when the contract is governed by Polish law.
![Boilerplate clauses in transaction agreements under Polish law](/upload/thumb/wordpress/2017/03/356_new_auto_800x800.png)
The issue of long-term contracts in transactional practice
10.12.2013
M&A
Remarks on problems related to the ability to modify contract terms to reflect changing circumstances, and the duration of long-term contracts
![The issue of long-term contracts in transactional practice](/upload/thumb/wordpress/2017/03/160_new_auto_800x800.png)
Validity of contracts when a party is not properly represented
12.11.2013
M&A
One of the conditions for the effectiveness of a contract is proper representation of the parties when the contract is concluded. In other words, it matters who signs the contract.
![Validity of contracts when a party is not properly represented](/upload/thumb/wordpress/2017/03/319_new_auto_800x800.png)
Transfer of rights and obligations under commercial contracts
10.09.2013
M&A
Comments on statutory and contractual restrictions on the assignability of agreements.
![Transfer of rights and obligations under commercial contracts](/upload/thumb/wordpress/2017/03/383_new_auto_800x800.png)
Who is liable for overstating the value of an in-kind contribution?
10.04.2013
corporate, M&A
The requirement that the share capital of a limited-liability company be fully covered prior to registration of the company is tied to liability in the event that an in-kind contribution is made to the company at an inflated value.
![Who is liable for overstating the value of an in-kind contribution?](/upload/thumb/wordpress/2017/03/262_new_auto_800x800.png)
The scope and legal nature of information in the National Court Register
08.11.2012
corporate, M&A
A few comments on how transcripts from Poland’s commercial register are used in commercial practice
![The scope and legal nature of information in the National Court Register](/upload/thumb/wordpress/2017/03/241_new_auto_800x800.png)