| In Principle

Our brief guide explains the possibilities for entry, legalisation of work and legalisation of stay of Ukrainian citizens in Poland. It also covers the rules for bringing their families to Poland. In English, Ukrainian, Russian and Polish.

Businesses are to be held legally accountable for failing to exercise due diligence to prevent human rights violations from occurring in their supply chains. On 23 February 2022, the European Commission published a long-awaited draft Directive on Corporate Sustainability Due Diligence.

Recent amendments to the AML/CFT Act regarding obligated institutions and reporting of beneficial ownership information to the Central Register of Beneficial Owners have expanded the catalogue of obligated institutions and introduced specific requirements they have to meet.

Beginning this year, contracts for local government units in performance of their public duties must be executed using vehicles powered by electricity or natural gas. And when awarding contracts for purchase of new means of transport, all contracting authorities must allocate at least a portion of the funds to green vehicles. The Electromobility Act specifies the subject matter of such procurements, limits and types of vehicles.

In the case of an increase in the share capital of a limited-liability company, a shareholder subscribing for new shares or an increased par value of existing shares must file a declaration on subscribing for the new shares or the increased par value. This applies to both an existing shareholder and a new shareholder just joining the company. But there are some uncertainties associated with this obligation.

A claim to set aside fraudulent transfers to a third party (Art. 527 et seq. of the Civil Code) must precisely identify both the parties and the subject matter in the demand for relief set forth in the statement of claim. It is a mistake to assume that the trial court will seek out the missing elements in the justification for the statement of claim.

A summons from a Polish civil court to testify at a hearing identifies the parties to the dispute, what is at stake in the dispute, and the court before which the case is pending. At the end of the summons there is a notice of the penalties for failing to comply with the summons. How to react to such summons and what it means in practice for a person who received it?

Magdalena Świtajska from Wardyński & Partners’ Employment & Global Mobility Practice, explains types of contracts used when hiring or working in Poland.

Receivables as an asset are present everywhere in the business world. This is an asset which could be a problem for some, but at the same time an investment opportunity for others. The aim of this article is to consider how healthy and performing receivables could be used to obtain financing from investors and to discuss how non-performing claims serve as an investment in Poland.

In recent months, the wind power sector has observed the progress of work on a bill to amend the Wind Energy Investment Act and certain other laws. It is much-awaited by the industry, due to the stringent “10H rule” still in force. The bill is expected to be sent to the Polish parliament in the first quarter of 2022, but the first draft by the Ministry of Development and Technology has already been released.

It will probably be only months before legislation on corporate groups, also known as the holding law, enters into force in Poland. The proposal is considered to be the most sweeping change in the Commercial Companies Code in the last two decades.

The scope of the insured’s liability (and thus, the insurance companies’ auxiliary liability) is affected not only by national law, but also by EU legislation and case law regarding “use of a motor vehicle.” After a recent Supreme Court resolution, a contradiction between the two has emerged.