publication date: January 10, 2023

In cooperation with external colleagues specializing in the tax law of UK dependent countries (mainly the Cayman Islands), KIELTYKA GLADKOWSKI has developed favorable structures of business forms that limit the risk of investing private American funds in technology companies from Eastern Europe.

On the one hand, the current investment phenomenon consists in the need to:

1/ reduce the risk of the political situation, which is a solution provided by establishing a company in Poland;

2/ reduce tax costs, which can be achieved by setting up an additional structure, for example in the Cayman Islands (tax and regulatory friendly);

3/ provide for the owners of the companies solutions for tax residency outside of Poland (like, for example, in the Netherlands – in tax friendly jurisdiction).

We have experience in negotiating consultancy agreements between Polish and Ukrainian and US companies.

Our team has available model texts of Articles of Association of Cayman exempt companies.

We also assist in online registration of limited liability companies in Poland.

We have ready-made solutions and a portfolio of American investors, and that is why KIELTYKA GLADKOWSKI reaches out to technological Polish and Ukrainian companies that:

1/ either would like to create a joint venture with an American IT company to develop software for it;

2/ or go abroad with their own technologies or software by co-financing with a private equity fund.


List of concluded bilateral agreements: United States – Poland

publication date: January 10, 2023

The United States is one of the countries with which Poland has been actively cooperating internationally for many years. This is evidenced, among others, by concluded bilateral agreements, the number of which, compared to other countries, is one of the highest. Poland and the United States concluded a total of 54 bilateral agreements. The first concluded contracts regulated quite basic international issues such as arbitration, conciliation, double taxation, and consular matters. In the 1990s, due to the country’s political situation, agreements regulating trade and energy relations began to appear. Several agreements were also signed on cooperation in criminal matters, protection of cultural property and extradition. Due to Poland’s presence and participation in various international organizations, and in particular in the European Union, and being a party to other multilateral agreements, the need to regulate a number of issues was avoided by concluding international agreements only with the USA. Only a few international cooperation agreements have appeared in recent years, e.g. in the field of defence, border security, immigration, science and technology or nuclear energy. In the 2000s, defense, military and technical agreements were the most common. After 2014, when the number of US military units in Poland significantly increased, many agreements were signed regarding the status of the US armed forces in the Republic of Poland. They regulate many issues, including customs procedure, vehicle registration, telecommunications, contact procedure, tax matters, environmental protection or medical support.


Digital Services Act as the newest element of the EU Internet Constitution – CURRENT TIME AND SUBJECTIVE SCOPE – 3 PILLARS OF ADDRESSEES

publication date: January 09, 2023

The Digital Services Act, known as DSA, is the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the digital single market and amending Directive 2000/31/EC.

It concerns three groups of entities. The first of them are the Internet users themselves, i.e. a great number of people who use this tool for various purposes. This legal act is intended to improve their security and the availability of information in the processes of purchasing specific products related to the Internet, primarily information about the sellers themselves. The constitution of the Internet is also intended to influence the transparency of content moderation rules. Another goal is to correctly and understandably inform Internet users about advertisements and sponsored content that can be encountered at every step when using the Internet. Users will have defined and facilitated ways to report illegal content, goods or services on online platforms. If the content posted by the user himself is removed for specific reasons, he will be informed about it and will have the opportunity to challenge such a decision.


Directive 2019/790 and its implementation into Polish law

publication date: January 05, 2023

The Directive on Copyright and Related Rights in the Digital Single Market (DSM Directive) is the most important directive harmonizing copyright in the European Union since the Directive on Copyright in the Information Society.

The purpose of this Directive is to adapt EU copyright law to the requirements of the digital economy. It contains new forms of fair use, i.e. the right to explore texts and data, and new forms of use for educational purposes. It also strengthens the position of authors in contractual relations, e.g. imposing a number of obligations to guarantee them adequate remuneration, which is a very important issue. The Directive also aims to meet the assumptions contained in the EU Treaty regarding the establishment of the internal market and the introduction of a system ensuring undistorted competition in the internal market.


US regulators are warning banks about the risks associated with the cryptocurrency market – Published Joint Statement on Crypto-Asset Risks to Banking Organizations

publication date: January 05, 2023

US regulators are warning banks about the risks associated with the cryptocurrency market. In the first jointly issued communication, the US Federal Reserve, the Federal Deposit Insurance Corporation and the Currency Control Office draw attention to the lack of proper regulation of digital currencies, misleading information and high exposure to financial fraud. The joint warning from financial institutions comes two months after one of the world’s largest cryptocurrency exchanges declared bankruptcy.

In a joint statement, the U.S. Federal Reserve, the Federal Deposit Insurance Corporation and the Currency Control Office stress that they are closely monitoring the activities of banking organizations related to cryptocurrencies.