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The Legal 500`s online meeting “The future of law and business in Hong Kong” which for Polish entrepreneurs is the jurisdiction of tax optimization based on transfer prices within the meaning of Council Directive (EU) 2017/1852

On May 5, 2021 at 4 pm Hong Kong time there took place a discussion panel devoted to the future of law and business in Hong Kong (link to the Videoconference Panel). The virtual meeting was chaired by legal experts, including:

  • MR GEOFFREY MA TAO-LI GBM QC SC – Former Chief Justice of Hong Kong.
  • LORD FALCONER – Baron Falconer of Thoroton, Former Lord Chancellor and Secretary of State for Constitutional Affairs from 2003-2007.
  • MR JONATHAN CAPLAN QC – Appointed as Queen’s Counsel since 1991.
  • PROFESSOR LIN FENG – Professor of Law and Associate Dean of the School of Law of City University of Hong Kong.
  • MR JONATHAN MIDGLEY – Senior Partner of Haldanes Solicitors and Solicitor Advocate since 2013.
  • MODERATOR: MR CLIFF BUDDLE – Special Projects Editor, South China Morning Post.

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Is it possible to sell shares online in a Polish limited liability company established via an ICT system?

The answer to this question is affirmative what finds its legitimacy in Article 180 §2 of the Polish Commercial Companies Code. This possibility was implemented into the Polish legislation through the amendment of the Commercial Companies Code of 2016. However, in order to be able to speak of an effective transfer of shares in the discussed e-form, the following three conditions must be met:

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KG LEGAL KIELTYKA GLADKOWSKI has today (31 March 2021) participated at ABI’s Virtual Happy Hours.

This is the event organised by the American Bankruptcy Institute where KG LEGAL actively operates as a member in assisting peers in cross border insolvency and restructuring cases involving Polish and US jurisdiction.

 

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New EU rules for posting workers have been implemented in Poland – the President signed the act regulating cross-border labour law

The Polish parliament passed an amendment to the act on the posting of workers in the framework of the provision of services and some other acts. The amendment to the Polish law implements EU regulations. According to the press releases, the amendment may affect all 31 thousand employees posted from other countries to the territory of Poland.

Change of employment conditions of a posted worker on the territory of the Republic of Poland.

The purpose of the amendment is to implement the EU Directive 2018/957 of June 28, 2018 regarding the posting of workers as part of the provision of services.

In line with the recital 13 of the Directive, experience shows that workers who have been hired out by a temporary employment undertaking or placement agency to a user undertaking are sometimes sent to the territory of another Member State in the framework of the transnational provision of services. The protection of those workers should be ensured. Member States should ensure that the user undertaking informs the temporary employment undertaking or placement agency about the posted workers who are temporarily working in the territory of a Member State other than the Member State in which they normally work for the temporary employment undertaking or placement agency or for the user undertaking, in order to allow the employer to apply, as appropriate, the terms and conditions of employment that are more favourable to the posted worker.

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2 key provisions for the defendant with a cross-border European Order for Payment

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2 key provisions for the defendant with a cross-border European Order for Payment

What to do when a company with foreign shareholding structure, formally registered in Poland, receives a payment order by registered mail from a foreign court in the European Union on the EU form?

The European Order for Payment is – according to the Regulation of the European Parliament and of the Council No. 1896/2006 / EC of 12 December 2006 establishing a European order for payment procedure, Journal of EU L 399/1 of 30.12.2006 (hereinafter: “the Regulation”) – a court order issued (on the form) in cross-border civil and commercial cases (Article 2 (1) sentence 1 of the Regulation) for the purpose of pursuing pecuniary claims for specified amount, which are due at the time of lodging an application for a European order for payment.

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