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Starting from 9 July 2018 – shorter limitation period of claims in Poland – only 6 years, instead of 10 years

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The Polish Civil Code has undergone significant amendments. The most important change as a result of the amendments is the change in the statutory limitation periods of claims. The current ten-year limitation period for property (monetary) claims will be 6 years. However, the limitation periods for claims for periodic and business-related claims will still be 3 years, hence it does not change.

Changes for consumers

The amendment of the Civil Code introduces a different position of the entrepreneur and the consumer, defining the second as a weaker party of legal relations and establishing separate regulations for limitation of claims in respect of consumers, thus improving their legal situation. The new law will no longer allow an entrepreneur to satisfy the claims against the consumer after the expiration of the limitation period. However, there has been added the possibility of the court not to take into account the expiry of the limitation period against the consumer, if the principle of fairness requires it. In such case, the court will have to consider: the length of the limitation period, the time from the expiration of the limitation period to the date the claim was made and the nature of the circumstances that caused the claimant not to make the claim.

The modified legal provisions also include the regulation concerning the sale of second-hand goods to a consumer. The new regulations set forth that the limitation period for claims under warranty cannot end before the lapse of two years from the date of delivery of the item to the buyer.

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New article in the Polish press about touristic and sports law

 

KG LEGAL KIEŁTYKA GŁADKOWSKI discusses legislative changes that take place in the tourism industry in connection with the new act that introduces new EU regulations into Polish law. These changes relate primarily to the terms of offering, selling and implementing tourist events and related travel services on the territory of the Republic of Poland, as well as abroad and requirements towards the Polish Tourism Guarantee Fund.

Link to the article: http://mojafirma.infor.pl/zakladam-firme/biuro-podrozy/778111,Nowe-prawo-branzy-turystycznej-od-1-lipca-2018-r.html

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Financial statements will be filed only in electronic form in Poland

There has entered into force new law in Poland according to which all companies in Poland will be obliged to file their financial statements in electronic form. The companies whose management board is composed only of foreigners need to be at guard, because according to new provisions, if a management board consists only of foreigners, the person who represents the company will be obliged to apply for and be assigned with the Polish Resident Identification Number. If such a number is not assigned, the financial statement will have to be submitted to the Court Register by a proxy.

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Special Economic Zones for entrepreneurs in Poland

The Ministry of Development is finalizing the work on the Act on the principles of supporting new investments in Poland, which is said to replace the Act on Special Economic Zones. The new law will come into force beginning of February 2018.

The new investment rules are to be important mainly for small and medium-sized enterprises in Poland as well as for foreign entrepreneurs operating in Poland. The change is to be primarily the territorial scope of investments, which have been supported by the Polish government so far and the factors influencing the decision to start a given investment are to be redefined.

The Ministry of Development also intends to extend investment incentives across the entire country, which until now were only valid in special economic zones. Tax reliefs would depend on the location and the nature of the investment in Poland, as well as on the quality of newly created jobs.

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New regulations on the employment of foreigners in Poland

picture shows man writing documentsBeginning from January 1st, 2018, the law governing the employment of foreigners from outside the European Union in Poland has changed.

First of all, there has been introduced a new type of permit allowing seasonal work in agriculture, horticulture and tourism, which will be valid for 9 months.

In addition, citizens of six former Eastern bloc countries will undergo a simplified procedure for applying for such a permit in Poland, they will also be able to obtain the so-called multi-season entry permit valid for the duration of 3 years. The abovementioned permit will allow them to do other jobs – but not for more than a month.

Moreover, from now on, both in the case of declarations and seasonal work permits, foreigners awaiting prolongation of permits in Poland will be treated as persons staying in Poland legally and will not be required to leave Poland.

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