Mateusz Tusznio | In Principle

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Mateusz Tusznio

Powers of attorney granted abroad and proof of representation
To prove that a power of attorney on behalf of a foreign entity was granted by persons authorised to represent the entity, an excerpt from the commercial register or a notary’s certificate is usually submitted. But what about countries where there are no commercial registries and notaries have no power to confirm representation?
Powers of attorney granted abroad and proof of representation
Remote conclusion of contracts in financing transactions
The pandemic has made it hard to organise traditional deal closings. Earlier, in typical financing transactions, it was no problem to arrange a physical meeting of the parties to sign the complete set of financing documentation, including security instruments (e.g. a pledge agreement or agreement to establish a mortgage). Indeed, some clients insisted on holding a traditional closing. The pandemic has changed this perspective, focusing the parties’ attention on the possibilities for remote signing of agreements.
Remote conclusion of contracts in financing transactions
Assignment for security of rights under a promissory note
Assignment of rights for security is a popular method of securing claims on the Polish market. This is due to the great flexibility of this instrument and the absence of such formalities as registration in court. In short, such assignment consists of transferring to the lender claims held by the borrower against third parties (e.g. receivables for the sale of goods). If the credit is not repaid on a timely basis, the proceeds from the claims assigned for security can be used to satisfy the lender’s claims. But can the rights under a promissory also be assigned in this manner?
Assignment for security of rights under a promissory note
How to establish collateral on investment certificates of closed-end investment funds?
In 2019, legal regulations came into force providing for a mandatory dematerialisation of investment certificates issued by closed-end investment funds, including those which are not a part of a public offering and have not been admitted to an organised trading market. Newly issued certificates will no longer be able to be issued as a document, or function as an entry in the record of investment certificates kept by an investment fund company. They will have to be registered in the depository of securities kept by the Krajowy Depozyt Papierów Wartościowych (National Depository for Securities, KDPW). These regulations were then supplemented by rules for how an issuing agent must operate a register of investment certificates before their registration in KDPW. This fundamental change entails a number of practical and formal consequences that are significant in establishing and enforcing collateral on investment certificates.
How to establish collateral on investment certificates of closed-end investment funds?
Green loans, eco-friendly financing
Environmental protection is a major issue today, and many organisations and enterprises attempt to incorporate environmental protection requirements into their operations. Banks are also trying to keep up with the trend by offering eco-loans or green loans.
Green loans, eco-friendly financing
How many claims can be secured by one financial pledge?
It is clear that an ordinary pledge can secure only one claim. In the case of a financial pledge the opinions are divided.
How many claims can be secured by one financial pledge?
Banks lose privileges
Until now, it has been distinctly easier for banks in Poland to secure and later enforce their receivables than for other creditors. Will a new amendment to the Banking Law change this?
Banks lose privileges