136 publications in this category. HWW lawyers' commentary on legal changes, case law and tax interpretations.
Objectives of restructuring proceedings Restructuring proceedings are a procedure whose main objective is to avoid the debtor being declared bankrupt and to enable the debtor to …
This caused considerable confusion and no less stress, as in practice the taxpayer would have been obliged to pay the outstanding CIT calculated according to general …
How do you convert a sole proprietorship into a single-member limited company? The steps required to convert a sole trader business into a limited company are …
Resolution The Supreme Court, in response to the question: “Is a partner in a two-member limited liability company holding 99 per cent of the shares, which …
The initial inventory of assets should be drawn up by the Founder, who is required to compile a list of the assets contributed to the founding …
In order to carry out a compulsory share buy-back procedure effectively, the following conditions, amongst others, must be met: the shares may be acquired by no …
Pursuant to Article 34(1) of the Entrepreneurs Act, an entrepreneur may submit a request to the competent authority or the relevant state body for clarification regarding …
1. The existence of a relationship of subordination between companies The regulation concerning binding instructions applies only to companies that are in a relationship of dependence …
This amendment, resulting from the transposition of the aforementioned directives into national law, addresses a number of practical issues relating to company reorganisation, covering a broader …
INTERIM PAYMENTS TOWARDS AN EXPECTED DIVIDEND – REQUIREMENTS AND AMOUNT OF PAYMENTS In addition to the above requirements, pursuant to Article 195(1) of the Commercial Companies …
The body responsible for convening a shareholders’ meeting The management board convenes the ordinary general meeting of shareholders in a limited liability company (both ordinary and …
Founder As described in the previous post on family foundations, in order to establish a foundation, the founder must submit a declaration of establishment. However, the …
GENERAL PROVISIONS Regardless of the body in question, the Act sets out general provisions for members of each of the aforementioned bodies, in particular concerning: the …
With regard to partnerships, the list includes, amongst others, a general partnership; the Act does not explicitly stipulate a requirement for two partners. However, bearing in …
From the Explanatory Memorandum to the Draft Family Foundation Act (Parliamentary Document No. 2798), we can infer that the concept of a family foundation is based …
In accordance with Article 136(5) of the Code of Civil Procedure, which comes into force in July, traders registered with the CEIDG who are parties to …
Who is the company’s activity report intended for? As a general rule, in accordance with Section 49 of the Accounting Act, the submission of reports on …
There are also differing views, which refer to the concept of the ‘rational legislator’ and the fact that this is a deliberate measure aimed at protecting …
Training expenses for B2B partners as tax-deductible costs – inconsistent interpretation by the National Tax Information Service This issue is not interpreted uniformly by the National …
And so, anyone who: achieved or exceeded 5%, 10%, 15%, 20%, 25%, 33%, 33 1/3%, 50%, 75% or 90% of the total number of votes in …
In accordance with Article 266 of the Commercial Companies Code: “§ 1. For valid reasons relating to a particular partner, the court may order that partner’s …
As provided for in Article 778(1) of the Code of Civil Procedure: “The court shall attach an enforcement clause to an enforcement order issued against a …
The provisions governing limited liability companies (sp. z o.o.), simplified joint-stock companies and joint-stock companies also provide for a procedure whereby resolutions may be adopted without …
The most significant benefit of a commercial company suspending its business activities is that the company is exempt from the obligation to pay income tax advances. …
The procedure for winding up a limited liability company is set out in Articles 270–290 of the Commercial Companies Code. Placing a limited liability company into …
In accordance with Article 136(5) of the Code of Civil Procedure, which comes into force in July, traders registered with the CEIDG who are parties to …
Establishment of standing and ad hoc committees of the Supervisory Board – Article 2191 of the Commercial Companies Code As part of the amendments being introduced …
On 13 October 2022, the amended provisions of the Commercial Companies Code will come into force. The amendment to the Commercial Companies Code, passed in February …
The Commercial Companies Code provides for certain exceptions to the above rules on representation. These are situations in which the company enters into a contract with …
Generally speaking, the business judgement rule originates from the US legal system. Its introduction into Polish commercial law will finally dispel doubts regarding how the liability …
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