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INFO CENTRE ABOUT LEGAL ASPECTS OF COVID-19 IN POLAND

Please see the currently updated information about the Polish regulations related to the legal and business situation of COVID-19 in Poland (the list of discussed issues is presented below and updated on current basis):

  1. COVID-19 IN POLAND – LEGAL ASSISTANCE AS USUAL;
  2. CHANGES TO THE GOVERNMENT’S DRAFT BILL ON MALL AND SHOPPING CENTRES RENTALS DURING COVID-19 IN POLAND – STATUS AS OF MARCH 27, 2020;
  3. RENTAL IN POLISH SHOPPING CENTRES IN CONNECTION WITH THE POLISH LEGAL STATUS RESULTING FROM THE SARS-COV-2 VIRUS EPIDEMIC;
  4. AMENDMENTS TO THE POLISH COMMERCIAL COMPANIES CODE DURING COVID-19;
  5. LEGAL SOLUTIONS AND ASSISTANCE (AID) PACKAGES IN POLAND TO COMBAT THE EFFECTS OF CORONAVIRUS (COVID-19) – KG LEGAL KIELTYKA GLADKOWSKI IS PREPARING A SPECIAL REPORT;
  6. CORONAVIRUS IN POLAND – LEGAL STATUS AND REGULATIONS;
  7. THE POLISH PRESIDENT HAS SIGNED THE LAWS CREATING THE “ANTI-CRISIS SHIELD AGAINST COVID-19 EFFECTS”.

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CHANGES TO THE GOVERNMENT’S DRAFT BILL ON MALL AND SHOPPING CENTRES RENTALS DURING COVID-19 IN POLAND – status as of March 27, 2020

CHANGES TO THE GOVERNMENT’S DRAFT BILL ON MALL AND SHOPPING CENTRES RENTALS DURING COVID-19 IN POLAND – status as of March 27, 2020

Emotions do not stop at the end of the legislative work on the draft bill regulating the rental and tenancy contracts in shopping malls in Poland in the era of the COVID-19 crisis. In this case, the Polish government addressed an amendment to its own bill to Polish Parliament, which it put to voting 24 hours earlier.

KIEŁTYKA GŁADKOWSKI KG LEGAL is closely following the legislative process of anti-crisis regulations which the Polish government wants to introduce in Poland to alleviate the economic situation of the COVID-19 crisis, particularly by means of the emergency COVID-19 act (the so-called anti-crisis shield).

One of the economic problems that the Polish government wants to regulate in this way is the issue of rents and rental agreements in retailer shopping malls in Poland (i.e. in large retailer malls of over 2000 m2).

The main problem is the issue of who is to bear the burden (cost) of closing the shopping centres due to the condition of the COVID-19 epidemic announced on March 20, 2020 throughout Poland.

The original draft bill (about which you can read here) assumed that the rents will be covered in 90% by the landlords (e.g. the entity that owns the entire shopping mall). The government’s amendment to the draft anti-crisis law, submitted on March 27, 2020, introduces a completely different solution.

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Rental in Polish shopping centres in connection with the Polish legal status resulting from the SARS-CoV-2 virus epidemic

The problem of a failure to pay the rent by companies that are tenants of commercial space

Pursuant to Article 46 of the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans (consolidated text Journal of Laws of 2019, item 1239, as amended), the Polish Minister of Health announced epidemic status due to SARS-CoV-2 virus infections from March 20, 2020 until further notice throughout the entire area of the Republic of Poland.

The status of the epidemic was announced by the ordinance of the Polish Minister of Health of 20 March 2020 regarding the announcement of the status of the epidemic in the territory of the Republic of Poland (Journal of Laws No. 491, as amended). The statutory “epidemic state” authorized the Polish government to introduce a special legal situation in the Polish business.

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Specialisation: Investment law and processes in Poland – French language version

Translation into French language made by Julian Morgan, trainee at Kiełtyka Gładkowski KG Legal

Droit des investissements et procédures d’enregistrement en PologneInvestment law and processes in Poland
Qui sont nos clients?
KG Legal, en tant que cabinet d’avocats polonais, fournit une assistance juridique pour les investissements en Pologne. Nous fournissons une expertise spécialisée pour les entreprises et les clients privés. Nous vous conseillons en ce qui concerne l’établissement d’une entreprise en Pologne, l’achat d’un bien immobilier en Pologne ou l’investissement dans des start-ups, y compris dans le secteur de la biotechnologie et des nouvelles technologies.
Who are our Clients?
KG Legal, as a Polish law firm, renders legal assistance in investments in Poland. We provide specialist expertise for corporate and private clients. We advise in respect of setting up business in Poland, buying real property in Poland or investing in start-ups, including biotech and new tech start-ups.

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Specialisation: Investment law and processes in Poland – Turkish language version

Translation into Turkish language made by Tayfun Yildiz , trainee at Kiełtyka Gładkowski KG Legal

POLONYA YATIRIM HUKUKU VE İŞLEMLERİInvestment law and processes in Poland
Müvekkillerimiz
KG Legal Polonya merkezli bir hukuk bürosu olarak Polonya’daki yatırımlara ilişki hukuki destek sağlamaktadır. Bireysel ve kurumsal müvekkillerimiz için profesyonel hukuki yardım ve ekspertiz sağlamaktayız. Polonya’da iş kurmak, konut almak veya biyoteknoloji ve yeni teknolojiler alanındaki start-up’lara yatırım alanlarında hukuki danışmanlık yapmaktayız.
Who are our Clients?
KG Legal, as a Polish law firm, renders legal assistance in investments in Poland. We provide specialist expertise for corporate and private clients. We advise in respect of setting up business in Poland, buying real property in Poland or investing in start-ups, including biotech and new tech start-ups.

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