Recognition of the judgment to initiate foreign bankruptcy proceedings does not constitute an obstacle to the initiation of bankruptcy proceedings by a Polish court. However, if the judgment to initiate the main foreign bankruptcy proceedings has been recognized, the bankruptcy proceedings initiated in the Republic of Poland are secondary bankruptcy proceedings.
In selected industries, employees can only pay tax on 50% of their income – new rules in Poland
In the case of Polish employees – IP creators, such as software developers, architects or engineers, “creative employees” of foreign companies have the privilege of paying income tax at the level of 50%. The idea is to stimulate the need to accelerate the development of industrial property in Poland, and the incentive for this is the preferential method of paying lower taxes, the basis of which is only half of the salary. This means that the second half of the salary is not subject to income tax. Polish tax offices are increasingly actively monitoring Polish employment contracts in software and engineering professions. A properly created employment contract template guarantees the legality of such a solution.
Polish judicial protection tools for the sale of real estate in international bankruptcy – case study and suggested solutions
In the Polish legal system, it is possible to extend bankruptcy declared abroad to Polish jurisdiction. In accordance with the amendment to the Polish Bankruptcy Law, which came into force on January 1, 2016, the provisions of the Act update the possibility of recognizing judgments initiating foreign bankruptcy proceedings. This is related, among other things, to increased emphasis on the universality of bankruptcy proceedings, especially in European Union countries. Pursuant to Article 19 of Regulation 2015/848 of the European Parliament and of the Council, “a judgment opening insolvency proceedings issued by a court of a Member State having jurisdiction in accordance with Art. 3 shall be recognized in all other Member States (…).” The phrase “having jurisdiction in accordance with Art. 3” – art. 3 of the Regulation reads: “1. The courts of the Member State in whose territory the debtor’s center of main interests is situated have jurisdiction to open insolvency proceedings – the main insolvency proceedings. The main bankruptcy proceedings are considered to be proceedings initiated in the country where the principal center of the debtor’s main activities is located (Article 3(1) of the Regulation)[1].
KIELTYKA GLADKOWSKI KG LEGAL prepared a compilation of updates in Polish employment law – crucial from the perspective of cross border work and employment issues.
Planned changes in the legal provisions on wind farms in Poland
The change of government in Poland brought about by the elections of October 15, 2023 pursues a liberal policy towards renewable energy. Already at the first session, the Parliament started working on the liberalization of wind energy law.
Direction of legal changes
The new ruling coalition declares liberalization of the law regarding wind energy. The aim of such action is the general development of regions through numerous windmill investments and increasing the amount of electricity consumed from green energy. Additionally, liberal legislation in this area will allow meeting the milestones needed to disburse financial resources from the National Recovery and Resilience Plan. Currently, the accelerated urbanization of cities combined with stricter regulations is causing investment stagnation in the area of building new windmills.
