| In Principle

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.

When is the investor required to pay for the performance of work? How do identified defects relate to this obligation, and when can handover be refused? These questions cause many difficulties in practice and are the basis for numerous, often very complex and long-running disputes. Recently, this issue was addressed by the Supreme Court of Poland. The interpretive direction it affirmed may help market players, including construction contractors, to whom these findings may apply by analogy.

On 21 December 2021, the Court of Justice of the European Union issued a long-awaited judgment on the interpretation of the EU Blocking Statute in C-124/20, Bank Melli. Although the ruling does not dispel all doubts, it does set the direction for interpretation and shows that even imperfect regulations must be applied.

Magdalena Świtajska and Aleksandra Wójcik form Wardyński & Partners’ Employment & Global Mobility Practice, explain the ways of obtaining Polish citizenship.

The Polish Deal introduces several solutions for Polish capital market participants, including corporate income tax changes for companies preparing to debut on the stock exchange. This amendment came into force on 1 January 2022.