Woźniak Legal

Whether you are an established multinational company, a small business owner or launching a startup, there are numerous benefits to owning a business in Poland as a foreigner.

First, the Polish economy is booming. The fast economic growth made Poland one of the most productive and dynamically growing economies in Europe. Poland has experienced uninterrupted growth over three decades, the longest in European history. Its GDP has increased tenfold nominally, sixfold when corrected for the cost of living. It has a record low unemployment rate in Europe and good economic indicators.

Second, low cost of production as well as fast developing infrastructure, beneficial taxation and subsidies for investment are important advantages if you are looking for a place to invest.

Third, a strategic location: situated in Central Europe, Poland has a strategic location between the western and the eastern sides of the continent.



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Choosing the right business structure in Poland Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

Not only is Poland a great place to live — it is also an amazing place to own a business. A company in Poland is a good solution for foreign entrepreneurs who want to run their business in one of the fastest-growing countries in Europe. Poland’s economy has been becoming increasingly competitive in recent years, which means that the newly established entity will be able to grow in a stable and safe environment.

Whether you are an established multinational company, a small business owner or launching a startup, there are numerous benefits to owning a business in Poland as a foreigner.



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Starting a company in Poland Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

In common law countries, the executor’s first task is to locate and take possession of assets the deceased left behind to protect them during the probate process. This is not the case in Poland. In Poland, the beneficiaries have to locate the assets themselves and verify the legal title of the assets. The task of locating assets can be difficult because the beneficiaries are not formally authorized to have access to all registers and data. Every bank or register will ask for the inheritance certificate. What is it?



Read more: https://wozniaklegal.com/en/news-and-insight/419/steps-you-should-take-to-receive-an-inheritance-in-poland.html

To minimise the risk of an unfair dismissal claim, employers in Poland must demonstrate that their reasons for the dismissal fall within the scope of ‘fair’ reasons specified by law. This is a very sensitive area of law which requires a lot of attention and preparation.
Employees who have been wrongfully or unfairly dismissed can make a claim against their employer to an employment court.



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What can employers do to avoid unfair dismissal claims? Terminating an employee can be a complex matter that carries a risk of an unfair dismissal claim against the employer, no matter how careful the company may be. When letting an employee go, it is important that it is done legally and in a fair, just and reasonable manner.

To minimise the risk of an unfair dismissal claim, employers in Poland must demonstrate that their reasons for the dismissal fall within the scope of ‘fair’ reasons specified by law. This is a very sensitive area of law which requires a lot of attention and preparation.
Employees who have been wrongfully or unfairly dismissed can make a claim against their employer to an employment court.



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Woźniak Legal will be attending International Bar Association Annual Conference 2024 in Mexico City!

Grzegorz E. Woźniak, the managing partner of Woźniak Legal, will be attending this year's IBA Annual Conference in Mexico City. The conference will take place from 15 to 20 September 2024. If you would like to meet us in Mexico please get in touch: www.wozniaklegal.com.

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https://wozniaklegal.com/en/news-and-insight/417/wozniak-legal-will-be-attending-iba-annual-conference-2024-in-mexico-city.html

Corporate criminal liability laws in Europe are evolving quickly and prosecutors and regulators across Europe are focusing more and more on corporate misconduct in areas ranging from AML, to market misconduct, antibribery and corruption, tax evasion, data privacy, environment and others. The landscape of corporate criminal liability, including core questions of when and how liability accrues, varies significantly between jurisdictions. Multinational companies with global exposure should be aware of the differences between legal regimes and ensure that risks posed in this regard are properly understood. Below, we look at corporate criminal liability of companies in Poland, especially in the area of the environmental offences.



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The rise of criminal liability in the corporate sphere Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

In Poland, an inheritance is when assets, property or money are transferred from a deceased person to a beneficiary. Beneficiaries are often family members, but can also be friends or even a charitable organization. In recent years, a significant transfer of wealth is expected to occur, leading to a rising trend of inheritance for people of Polish origin living in the USA and Canada.



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Receiving an inheritance in Poland Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

Ustawa o ochronie sygnalistów wejdzie w życie w dniu 25 września 2024 r. i obejmie wszystkie podmioty prawne zatrudniające powyżej 50 osób. Ustawa implementuje dyrektywę Parlamentu Europejskiego i Rady (UE) 2019/1937 z dnia 23 października 2019 r. w sprawie ochrony osób zgłaszających naruszenia prawa Unii.



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Ochrona sygnalistów w Polsce – procedura zgłaszania naruszeń i inne obowiązki Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

Buying or selling a company? The purchase price adjustment mechanism you choose - locked box vs completion accounts - is crucial.

In the article below, Grzegorz E. Woźniak breaks down the pros and cons of each to help you make the right choice for your M&A deal.



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https://lnkd.in/dkiCjrH8

The Polish Law on Protection of Whistleblowers, after being signed by President Andrzej Duda on 19 June 2024, will enter into force on 24 September 2024. The legislation establishes a comprehensive framework for whistleblower rights in Poland. It applies to all companies with 50 or more employees.



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Whistleblower protection in Poland Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

Buying or selling a company? The purchase price adjustment mechanism which you are going to choose in the M&A transaction - locked box accounts vs completion accounts - is crucial.

For a long time, the most common option for M&A transactions has been the use of completion accounts - and they’re still in use in large parts of the world including . In recent years, however, the locked box mechanism has grown in popularity due to a strong seller’s market, an increased market demand for fast-paced M&A deals and the desire for clean-cut exits, particularly if financial investors are involved.



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Locked box accounts v completion accounts Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

Woźniak Legal attended the ThoughtLeaders4 FIRE | TL4FIRE CI & IOM conference in on 18-19 June 2024.



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https://wozniaklegal.com/en/news-and-insight/411/wozniak-legal-attended-the-thoughtleaders4-fire-tl4fire-ci-and-iom-conference-in-jersey-on-18-19-june-2024.html

Grzegorz E. Woźniak will appear at ThoughtLeaders4 FIRE | TL4FIRE CI & IOM conference in Jersey and speak about best practices on international and post judgment alongside with Rebecca Hume, Mark Emery, Sean McGuiness and Daniel Gritten, which will be moderated by Simon Hurry.

Grzegorz E. Woźniak, will appear on this panel alongside Sean McGuiness , Omni Bridgeway ; Rebecca Hume, Howard Kennedy LLP; Daniel Gritten, Hogan Lovells; and Mark Emery, DQ Advocates.

The session is part of FIRE CI & IOM: Jersey 2024, organised by ThoughtLeaders4 FIRE | TL4FIRE.

Register: https://lnkd.in/ddU3rUYU

“Actori incumbit probatio” is a Latin legal maxim that means “the burden of proof lies with the plaintiff.” This principle is an important aspect of the legal system in civil law jurisdictions such as Poland.

The principle of “Actori incumbit probatio” means that the plaintiff in a legal dispute has the responsibility to provide evidence to support their claims. The defendant is not required to prove their innocence or disprove the plaintiff’s claims unless the plaintiff has met their burden of proof. In other words, the plaintiff must present evidence to convince the court that their claims are true and if they fail to meet this burden, their case may be dismissed. This principle helps to ensure that legal decisions are based on evidence and not just on accusations or allegations.



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Who has the burden of proof in civil cases? Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

A memorial service to honour the late Stephen Denyer has been announced.
The service at the historic Temple Church on 21 June 2024 will be a rare honour for a former director at the and a former Allen & Overy partner, reflecting Stephen’s professional achievements and the profound impact he had on the legal community all over the world, including Poland.

Polskie prawo przewiduje dwie instytucje, które pozbawiają osoby najbliższe prawa do zachowku.

Po pierwsze, może to uczynić sam spadkodawca w testamencie poprzez wydziedziczenie.
Po drugie, spadkobierca, zapisobierca oraz uprawniony do zachowku, może zostać uznany przez sąd za niegodnego dziedziczenia.

Obydwie te instytucje mają zastosowanie wyłącznie w przypadkach ściśle określonych przez prawo – muszą istnieć poważne powody zawinione przez osobę uprawnioną do zachowku. Nie wystarczy niechęć spadkodawcy do jednego z dzieci i jednoczesna wielka miłość do innego dziecka.



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Pozbawienie prawa do zachowku w polskim prawie spadkowym Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

Woźniak Legal has successfully represented a Polish FX mortgage borrower over validity of the Swiss franc loan taken by him and his wife (both acting as consumers) from Deutsche Bank Polska, to purchase the house.



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Woźniak Legal has successfully represented Polish FX mortgage borrower in another case regarding Swiss franc loans Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

Woźniak Legal has successfully represented a Polish FX mortgage borrower over validity of the Swiss franc loan taken by the borrower.
If you are a consumer and you have happened to take a FX mortgage loan in Swiss franc, it is recommended that you check whether your loan agreement contains abusive clauses. If it does – this loan agreement could be declared null and void. Abusive clauses should not be applied in agreements with consumers.

Inheritance laws in Poland are fairly simple and straightforward and you don’t need an army of lawyers to handle this. However, having an estate lawyer by your side can greatly help you, especially in the cross-border issues.



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Polish inheritance law and succession procedure Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

📢Judgement

On 14 March 2024 the Commercial Court in Warsaw issued an injunction forbidding Google from favouring its own price comparison service, Google Shopping, for users in Poland at the expense of competing services.

This injunction is crucial to upholding fair and competitive digital market in Europe.

Grzegorz E. Woźniak explains the legal aspects of the injunction and its implications.



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https://wozniaklegal.com/en/news-and-insight/406/commercial-court-in-warsaw-orders-google-to-stop-favouring-its-own-price-comparison-service-in-search-results.html

is a soft tissue inside of bone cavities. Components of your blood including red and white blood cells form inside of your bone marrow.
Bone marrow makes the components of your blood that you need to survive. The absence of bone marrow can be fatal since it's an essential part of your body.

The main rescue for people diagnosed with blood cancer is a transplant of bone marrow from a healthy person. Fundacja DKMS is one of the leading organisations in this field. was founded in Germany back in 1991 and now has offices in the UK, Chile, Poland, the US and Germany. It has more than 8 million potential donors registered to provide blood stem cells to those that need them.

When the deceased dies leaving a will, the heirs entitled to deal with the estate are named in the will. When no will is left, the intestacy laws tell us who is entitled to inherit the estate.

Succession under Polish law refers to the transfer of assets and liabilities to one or more heirs due to someone’s death. The succession procedure starts when someone dies and it ends with allocation of the estate to the heir, or if more than one heir with the division of the assets. The heirs may inherit the deceased’s entire estate or part of it, as per their shares. They are required to accept the succession to inherit the share of the estate they are entitled.



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Succession in Poland: what is the decision on the acquisition of inheritance and how to get it? Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

Competition law is not only a concern for big companies - smaller firms and even charities have been among the recent targets of the Polish Antimonopoly Authority and the European Commission investigations, with the prospect of fines of up to 10 percent of turnover where infringements are discovered. It is now vital for every manager to have a working knowledge of the competition law and be aware of the consequences, especially in the case of group companies.

On 9 April 2024 new guidelines on penalties for competition law infringements were issued by the Polish Antimonopoly Authority. The UOKiK’s previous guidelines on penalties did not provide guidance on how the Office would calculate penalties in a situation where the penalty should be imposed both on a direct infringer in Poland and on its parent company abroad. Liability of parent companies for anti-competitive practices was added to the Polish competition law in May 2023.



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If you’re a small business owner in Poland, you should not worry too much about the new guidelines issues on 9 April by the Polish Antitrust Authority on penalties for competition law infringements. This does not apply to you. However, if you’re a part of the capital group operating in Poland, you should be aware about these new guidelines on penalties because it could be about you. Competition law is not only a concern for big companies - smaller firms and even charities have been among the recent targets of antitrust authorities in Europe.

Based on the new guidelines (which will apply to cases initiated after 1 January 2024) penalties for competition law infringements could reach in practice the maximum level of up to 10% of worldwide turnover of the entire capital group. Moreover, the directors of a parent company can also obtain a severe penalty.



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https://lnkd.in/d_AMneyt

The business structure you choose influences everything from day-to-day operations, to taxes and how much of your personal assets are at risk. You should choose a business structure that gives you the right balance of legal protections and benefits.

Choosing the right business structure is a critical aspect of successful entrepreneurship. There is no one-size-fits-all and choosing the right business entity from a start increases your chances of success. Poland remains one of the most popular investment locations in Europe and this trend is going to continue. Your business structure will determine which set of rules and taxes will apply to your business in Poland. Broadly, there are three most common types of business structures available for foreign investors in Poland: Sole proprietorship, Limited liability company (LLC), Joint stock company.



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How to choose the right business structure in Poland Woźniak Legal is a Polish law firm with international capabilities, specialising in M&A, corporate, real estate and dispute resolution, as well as in charities and private client issues ranging from wealth planning and family to property restitution and immigration.

Delighted to be attending and speaking on HNW divorces and enforcement at Asset Recovery CEE Conference in Warsaw.
Fantastic line up of panellists and an excellent program!
Our panel: Hannah Davie, Kristina Shyposha, Stuart Leach and Grzegorz E. Woźniak moderated brilliantly by Andrii Romanchuk. Many thanks!

Very much looking forward to speaking at the Asset Recovery CEE Conference in Warsaw this week on HNW/UHNW family disputes.
Is a "clean break" settlement the best option for the parties? How does it work in the cross-border context between Poland and the UK?
This is a complicated area of law and the differences between the common law and the civil law systems are significant.

Panel 4 : High Net Worth Family Disputes – enforcement will start at 11 am. The panellists are Hannah Davie, Kristina Shyposha, Stuart Leach and Grzegorz E. Woźniak while the moderator will be Andrii Romanchuk.

We are happy to announce that Julia Banaszkiewicz joined Woźniak Legal.

Welcome on board!