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Polish government’s report on the acquisition of Polish real estate by foreigners and companies with foreign capital

The Minister of Internal Affairs and Administration prepares annually a document reporting extensively and accurately the entire international trade in the Polish real estate (link to the full text of the report in Polish).

According to the report, in 2016, foreigners received a total of 252 permits for the acquisition of land with a total area of 79.89 hectares. The vast majority of applications had been approved. The report highlights the active role of the German, Dutch and Ukrainian capital. In Poland, the acquisition of real estate by foreigners in principle requires the permit of the Minister of Internal Affairs and Administration. The source of legal restrictions is the Act on the acquisition of real estate by foreigners as of 24 March 1920. The relevant permit is also necessary for the purchase or acquisition by foreigners of shares in companies that are owners or perpetual users of real estate.

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WHERE CAN WE FIND THE INFORMATION ABOUT POLISH BUSINESS ENTITIES

In Poland there are two records of entities carrying out economic activities:

– the National Court Register (Polish: KRS – Krajowy Rejestr Sądowy)

Polish National Court Register is a centralized database that consists of three separate registers: the register of entrepreneurs; the register of associations, social and professional organisations, foundations and public health care facilities; the registry of debtors. The task of the Polish National Court Register is to provide information on the legal status of a registered entity (e.g. company), the most important elements of its financial situation and its representation. Making the entry in the National Court Register is also possible by electronic access to the Registry Court. The company’s application for the entry to the register is subject to a fee amounting to 500 PLN.

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KG LEGAL PARTICIPATES IN AN ONLINE SEMINAR ABOUT MANAGING AND AVOIDING CROSS-BORDER DISPUTES

KG Legal participated in an online seminar carried out by the specialists in cross-border disputes: Mrs. Adriana Uson from the Singapore International Arbitration Centre and Mrs. Danielle Carr – Senior Associate (Australia) in SCA ONTIER LLP in London.

Some of the other participants were from SAP, Hilti, Metlife, Vodafone Hutchison, NCR Corporation, John Deere, Skadden, Optum Global Solutions, UPL Limited and TATA Steel.

The webinar involved the key methods for resolving cross-border disputes, minimising the risk of them and managing them in the course of proceedings.

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Enforcement of a debt in small claims procedure in Poland (Regulation (EC) No 861/2007)

KG Legal enforces a debt for a very regonised Austrian financial institution, regarding arrears in payments from a Polish entity. KG Legal has chosen European small claims procedure (ESCP) as the most suitable way of enforcement in this case. This procedure is foreseen in Regulation (EC) No 861/2007, which could be found here. The value of the claim in ESCP cannot exceed €2000. According to Article 27b of  the Polish Act of 28 July 2005 on Court Costs in Civil Cases, court fee in a case examined in ESCP is fixed and amounts to 100 PLN.

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Legal assistance to Iranian investors in Poland

KG Legal provides legal assistance to Iranian investors in Poland in respect of new strict legal provisions of VAT registration of foreign companies.

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