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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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KIEŁTYKA GŁADKOWSKI KG LEGAL participates in the cross-border consultations of the European Commission regarding Regulation (EC) 805/2004

KIEŁTYKA GŁADKOWSKI KG LEGAL was addressed to participate in cross-border expert consultations as part of one of the European Commission’s projects aimed at supervising the application of the European Union law. As part of the project, managed by a renowned global audit institution based in Brussels, KIEŁTYKA GŁADKOWSKI KG LEGAL was asked to evaluate the application of the Regulation (EC) 805/2004 of 2004 establishing a European Enforcement Order for uncontested claims.

The study is intended to assess the functioning of the provisions of the Regulation (EC) 805/2004 and the judicial practice of using the European Enforcement Order in individual jurisdictions.

In particular, the assessment will concern the functioning of the Regulation (EC) 805/2004, based on the current practice, and its comparison with the initial assumptions underlying the adoption of this EU act, also taking into account possible cases of incorrect application of the Regulation or the resulting undesirable effects.

Particular emphasis will be put on the application of the Regulation after the Brussels I-bis Regulation (Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters).

As part of the consultations, there have been undertaken research activities, including interviews at national level such as expert teleconferences. On the basis of the conducted research and analyses, a detailed report on the functioning of the European Enforcement Order in Poland will be prepared.

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