Worth to know
Ordinary shareholders’ meeting in limited liability companies
An annual shareholders' meeting shall be held within six months of the end of each financial year. The following matters shall be resolved by the annual shareholders' meeting: examination and approval of the management board report on the operations of the company and...
Non-competition for a member of the management board of a Limited Liability Company
In accordance with Art. 211 of the Commercial Companies Code: A member of the management board of Limited Liability Company may not, with-out the company's consent, engage in competitive business or participate in competitive entities as a partner in a partnership or...
Real estate ownership transfer
Ownership of immovable property may neither be transferred on condition nor with the reservation of a time limit. Where a contract obliging to transfer ownership was concluded on condition or with the reservation of a time limit, an additional agreement between the...
Central Register of Beneficial Owners (hereinafter: “the Register”) maintained by the Minister of Finance.
The obligation to submit reports on beneficial owners to the Register results from the art. 55-71 of the Act of March 1st, 2018 on counteracting money laundering and terrorism financing, which implements the Directive 2015/849 of the European Parliament and of the Council (EU)…
Risks related to balance confirmation
Companies often forget that confirming balances is more than just checking amounts. In particular, problems may arise in the case of disputed or doubtful claims.What is included in the balance confirmationThe Accounting Act requires, in principle, confirmation of the...
Conditions for enjoying the research and development relief
In order to enjoy a tax relief specified in art. 18d of the Act of 15.02.1992 on Corporate Income Tax (hereinafter: “the CIT Act”), a taxpayer must perform activities that meet the conditions for recognizing them as research and development activities within the meaning
Are services purchased from related entities excluded from tax costs?
On 18.05.2020 the Head of the National Tax Information issued a very important individual interpretation regarding services purchased from related entities in the context of their exclusion from tax costs, referred to in art. 15e sec. 1 of the Corporate Income Tax Act…
The gratuitous surety is subject to taxation
In a judgement of 16.01.2020 (case no. II FSK 373/18) the Supreme Administrative Court (hereinafter: “SAC”) confirmed the position of the tax authorities that a surety, in order to secure a credit in exchange for an obligation to grant a surety, is – as a gratuitous benefit – subject to taxation.
How the property remaining after liquidation is divided
Until the moment of crossing out from the National Court Register, the company in liquidation has the possibility to conduct its current activities, which may generate additional costs for it – for example: those resulting from the necessity to rent office space or the costs of verification of balance sheets, court fees, notarial or administrative fees.
Home office
Work at home, the so-called home office, is becoming more and more popular. Especially in situations where the employer determines with the employee one or more days each week, allowing the employee for such a home office.
Recommended procedure for the implementation of the GDPR
In our opinion, the starting point for implementing the procedures required by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data…
Impressum
Impressum is an information obligation, which entails with the rights of entity to specified publications such as books, magazines and also journals. Similarly, subjects publishing websites are obliged to do so. It means that it is necessary to provide certain data for instance seat, telephone number or e-mail address, the number in the proper register or records under the legal sanction. If we take a look at different than German legal systems, such as the United Kingdom or United States ones, there is no institution, which represents this kind of solution in one hundred per cent and instead it refers to terms such as “site notice” or “imprint”. The similar situation takes place in Polish law, where there is a necessity to search for analogous regulations, which are applied depending on the relevant factual and legal situation.
New forms – documentary form and electronic form
Changes can be both very useful and also very dangerous for all those entities that negotiate with their business partners using e.g. e-mail or by negotiating during a conference call.
Misselling
It is worth knowing what rights we have and what we can do in terms of legal steps, when in our assessment we have encountered misselling, for example by contracting a bank loan or purchasing bonds or buying another financial product.