Passage of shares in a limited-liability company to a shareholder's legal successors
Provisions in the articles of association can pre-empt the application of inheritance laws to shares in a limited-liability company.
Restrictions on online sales in distribution agreements
Manufacturers like to exert an influence over the manner in which their products are sold by distributors. But excessive interference in online sales by a distributor may be found to be an illegal anti-competitive arrangement.
After reprivatisation: Steps to take and accounts to settle
Regaining real estate through the reprivatisation process is the beginning of the stage of mutual settling of accounts with the former public holder of the property and the stage of rectifying the legal status of the property.
What if the State Treasury refuses to turn over real estate?
Entry in the land and mortgage register of the heirs of the former owner of nationalised or expropriated real estate does not always end the battle to regain the property.
Reimbursement of investments in reprivatised real estate
A public entity will not always be compensated for investments made in real estate regained by the right owners through reprivatisation.
Elimination of joint ownership of reprivatised real estate
After developed real estate is restored to the heirs of the former owners, it is usually necessary to divide the regained property among its co-owners. This often raises both legal and tax issues.
Managing environmental transaction risks
Infringements of environmental law lead to ever greater liabilities. So it is unsurprising that in recent years investors have been increasingly interested in assessing risks arising from environmental regulations.
Perpetual usufruct: an obstacle race
Most investors in Poland regard perpetual usufruct as equivalent, in practical terms, to freehold. There are many obvious similarities, but the special features of perpetual usufruct can make it an obstacle race for the unwary.
In every transaction, thorough due diligence is fundamental
A discussion with Paweł Ciećwierz, a partner at Wardyński & Partners who heads the firm’s Mergers & Acquisitions practice, about M&A in Poland.
Is an open shed a building?
If this question is raised in order to establish the amount of real estate tax, the Polish Classification of Buildings does not provide a sufficient answer.
Supreme Court hands down three rulings on construction of wind farms on non-owned land
In three recent cases, the Supreme Court of Poland has addressed issues surrounding construction of wind farms on land owned by another party.
Not all bank guarantees are created equal
Although the bank guarantee is a commonly used form for securing claims, it is one of the most controversial institutions in Polish law. In a dispute, it is essential to analyse thoroughly the documents establishing the bank guarantee.
