Publication date: June 13, 2025
Cases when valuation of enterprise is required.
What is an enterprise?
The legal definition of an enterprise was introduced on the basis of the Act of 23 April 1964 – Civil Code. According to art. 55 (1), an enterprise is an organized set of intangible and tangible assets intended for conducting business activity. It includes in particular: a designation individualizing the enterprise or its separate parts (name of the enterprise); ownership of real estate or movables, including equipment, materials, goods and products, and other property rights to real estate or movables and others listed in the indicated article. In turn, art. 55 (2) indicates what should be understood by the concept of “legal act involving an enterprise”. According to this regulation: a legal act involving an enterprise includes everything that is part of the enterprise, unless otherwise results from the content of the legal act or from special provisions. As indicated in the literature on the subject: An enterprise as an organizationally connected complex of intangible and tangible assets may be the subject of one legal act (uno actu). The unity of the enterprise is thus presumed, which gives rise to specific rights to the enterprise and all components that were part of the specific enterprise. Additionally, the literature indicates the problem of whether it is permissible for the parties to shape the legal relationship in a different way than through one legal act concerning the enterprise as a whole (in the form of performing several legal acts, which could affect tax optimization). The following position should be indicated here:
The sale of individual components of the enterprise, even if they are of significant value in comparison to the value of the entire enterprise, does not constitute a basis for recognizing that its sale actually took place. The enterprise as the subject of the sale must constitute a whole in organizational and functional terms.
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Publication date: June 02, 2025
The new organizational model of Primary Health Care facilities and the introduction of the institution of a medical proxy have been in force since 1 January 2025. It has introduced changes to the functioning of primary health care, primarily through the creation of teams consisting of a family doctor, nurse and midwife, who jointly provide care for the patient. Nurses and midwives will cease to function as independent practices with their own patient lists. From 2025, they will form teams with primary health care doctors, which means that when a patient chooses a doctor, they automatically accept the entire care team. Patient declarations about choosing a specific nurse or midwife lose their validity. This raises concerns, because approximately 1,600 entities run independent nursing and midwifery practices, serving approximately 8 million patients, which may lose the ability to continue operating after the changes, moreover, the regulations do not specify precisely the principles on which independent nursing and midwifery practices are to be included in primary health care teams, which raises uncertainty and even greater concerns among the nursing community.
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Publication date: June 02, 2025
According to art. 3 sec. 1 of the Act of 27 May 2004 on investment funds and management of alternative investment funds, an investment fund is a legal person whose exclusive business activity is to invest funds collected by proposing the purchase of participation units or investment certificates in securities, money market instruments and other property rights specified in the Act. This means that the sole purpose of such a fund is to invest money that has been collected from people. The investment must meet the principles specified in the Act. It is worth noting that an investment fund acquires legal personality only upon entry into the register of investment funds.
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Publication date: June 02, 2025
The employer is obliged to provide employees with working conditions that meet the requirements of occupational health and safety in accordance with the Regulation of the Minister of Labor and Social Policy on general occupational health and safety regulations (Journal of Laws 2003.169.1650). Compliance with these rules is crucial for the protection of the health of employees and their comfort while performing their duties.
Working environment conditions
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Publication date: May 29, 2025
The Polish Accounting Act does not define the concept of liabilities, however the balance sheet layouts indicated in Annexes 1-6 to the Accounting Act allow us to state that liabilities are sources of financing assets. Liabilities indicate where the funds from which the assets were acquired or created came from. The main groups of sources from which the financial resources from which the assets shown in the balance sheet were obtained are: 1) equity of the entity preparing the balance sheet, 2) liabilities and 3) accrued expenses. Such an understanding of liabilities leads to the conclusion that the sum of assets and the sum of liabilities shown in the balance sheet must be equal. This view was presented by the Judgment of the Polish Regional Administrative Court in Warsaw of 17 October 2017, III SA/Wa 2678/16, LEX no. 2760834.
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