Two managing partners of KIELTYKA GLADKOWSKI, Co-Chair of Life Science and Healthcare Committee of ILS ABA, Attorney Malgorzata Kieltyka and Vice-Chair of Life Science and Healthcare Committee of ILS ABA Jakub Gladkowski were attending four day Conference organised by the International Law Section of the American Bar Association in Seoul, South Korea, devoted to Technologies and international legal problems of new technologies.
Practical comments on beneficial owner, treaty shopping, beneficial owner clauses for dividends, beneficial owner clauses for interest, substitute companies and abusive clauses, the status of a beneficial owner in various types of intermediary centres between service orderers and service providers, withholding tax on interest paid within the cash pooling structure.
Basic definitions
The look-through approach (also known as LTA) is an issue in international tax law concerning the problem of double taxation, also related to the issue of the so-called withholding tax. It allows for the application of preferential double taxation rates based on a double taxation treaty concluded between Poland and the country of the beneficial owner’s seat, in the scope most often concerning dividends, interest and royalties. However, only an entity with the status of a beneficial owner, is entitled to such privileges.
When your Client is from Taiwan can you apply CISG Convention to the sales contract and sales relation? Can you refer to CISG in court?
The concept of registered office and place of business.
Publication date: October 30, 2024, BY Dawid Radziszewski
1. Introduction to the CISG Convention
The United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on 11 April 1980 (consolidated text, Journal of Laws 1997, No. 45, item 286 ; hereinafter referred to as the CISG Convention or the Convention) is a fundamental legal act for international trade law ratified by 97 state parties.
On November 22, 2023, an interview with one of the managing partners of our law firm was published on the website of The Legal 500 ranking. We cordially invite you to read the text published below.
1) What has been your greatest achievement, in a professional and personal capability?
I succeed in predicting and eliminating clients’ problems to the greatest extent possible. Me and my colleagues pursue the goal for which I act both as a litigator and managing partner of our Polish law firm advising foreign businesses in the IT, technology, defence, life science, energy and investment sectors. I identify with the vision of creating real support for foreign entities in Polish jurisdiction. We are always interested in creative, practical solutions. I have always been fascinated by the epic of pillar, aid and development from productive hard work and commitment, such as Ayn Rand’s Atlas Shrugged.
When I represented my law firm at the ABA Conference in New York this year, I passed by this Atlas sculpture at the Rockefeller Center at the Fifth Ave., the Midtown Manhattan, and I realized how important the responsibility in the implementation of entrusted cases is in the hands of lawyers who want to operate internationally. I think that is why people become lawyers and it is a universal value, regardless of where you are from or where you operate.
That is why we have recently created a separate legal project called ISTART1, a platform dedicated to cross-border venture capital and private equity transactions.
South Korea is overtaking Italy and Switzerland in investments in Poland.
South Korea has jumped into the top ten largest direct investors in Poland – according to new data from the National Bank of Poland. At the end of last year the involvement of Korean companies amounted to PLN 30.5 billion. During the year it increased by almost PLN 12 billion.
Korea’s strong position is due to investments such as the electric car battery factory located near Wrocław. The sales of batteries have recently become one of the main drivers of growth in all Polish exports.
