Marcin Wnukowski

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Amendments to the Act on Packaging and Packaging Waste Management

The European Green Deal is one of the key items of European Union’s policy. Policies aimed at the reduction of the volume of waste, increase in sustainability and drive towards greater circularity are important components of the European Green Deal. An important aspect of it is dealing with the volume of packaging waste as well … Continue Reading

Polish Parent Companies Could Become Liable for Their Subsidiaries’ Violations of the Competition Protection Law

Poland’s government is proposing a new law that would make parent companies liable for their subsidiaries’ violations of the competition protection law if the parent company “exercised decisive influence” on the subsidiary. Currently, Polish law could be described as being extremely strict in not recognizing “piercing the corporate veil” between parent companies and their subsidiaries. … Continue Reading

Business Judgement Rule in Polish Commercial Companies Code – Opportunity or Necessity?

The amendment of the Commercial Companies Code (hereinafter “CCC”) to introduce holding law has already been discussed in our material Commercial Law Revolution in Poland – New Holding Law and Enhanced Corporate Oversight Mechanisms. However, as a continuation of this topic, we would like to touch upon one of its elements – the introduction into … Continue Reading

Polish government to pass law that will allow it more control over the Internet content and legitimize blocking access to certain websites

On February 1, 2021, a new draft act on freedom of speech on social media platforms appeared on the Polish Ministry of Justice website. Works on the draft act, originally announced by the ministry in December last year, gained momentum in mid-January amid Twitter and Facebook blocking Donald Trump’s accounts, which the Polish government viewed … Continue Reading

Poland: Amendments to the Act on Prevention of Money Laundering and Financing of Terrorism and Other Acts

On January 12, 2021, the Council of Ministers adopted a draft law amending the Law on Prevention of Money Laundering and Financing of Terrorism and certain other acts, which was submitted by the Minister of Finance, Funds and Regional Policy (the “Draft”). The Draft aims to implement EU legislation preventing the use of the financial … Continue Reading

Poland: Websites Under Competition Authority’s Watchful Eye

Toward the end of September 2020, a draft amendment of the Act on Competition and Consumer Protection (the Draft) was up for public consultation in Poland. The provisions of the Draft are currently being agreed upon. The objective is to incorporate into the Polish legal framework Regulation (EU) 2017/2394 of the European Parliament and of … Continue Reading

Commercial Law Revolution in Poland – New Holding Law and Enhanced Corporate Oversight Mechanisms

The need to regulate the so-called “holding law” within the commercial law has raised much controversy for some time now. Unlike certain foreign legal frameworks, the Polish law had been functioning with merely fragmentary regulations in that regard – legal scholars had been debating the purpose of introducing such solutions to the Polish Commercial Companies … Continue Reading

Poland’s Simplified Restructuring Proceeding Takes Effect

As previewed in our prior post, Poland’s simplified restructuring proceeding (uproszczone postępowanie restrukturyzacyjne) is now in effect. The enabling legislation – with only minor changes from the description in our prior post affecting such restructurings – was finally adopted on 19 June 2020, signed into law on 23 June 2020 and took effect the same … Continue Reading

Polish Government Adopts Stricter Control over Private Investments

Updated on June 23, 2020 Like various other EU member states (e.g. Hungary, Czechia), Poland has finally adopted a new act intended to screen foreign direct investments in Polish companies. The new law (the “Amendment”) amends the Act on Control of Certain Investments of 2015 (more on this available here), but it will also materially extend … Continue Reading

COVID-19: Poland’s Parliament Nears Passage of Extraordinary Debtor Restructuring Relief

Poland’s Parliament (the Sejm, the lower House of Parliament) is close to passage of an extraordinary debtor restructuring relief law as part of its fourth COVID-19 crisis legislation. The measure, referred to as Shield Law 4.0 (Tarcza 4.0) would: Create a “simplified restructuring proceeding” that would permit any debtor to commence this proceeding if faced … Continue Reading

Polish Competition Authority Shows Areas of Attention During COVID-19 Epidemic

On April 15, 2020, the Chair of the Polish Competition and Consumers Protection Authority (UOKiK), Mr. Tomasz Chróstny, delivered a speech defining UOKiK’s main focus areas amid the coronavirus disease 2019 (COVID-19) epidemic. In a 90-minute address, Mr. Chróstny defined the areas of particular attention for UOKiK in the wake of the COVID-19 crisis.… Continue Reading

Polish Competition Protection Authority Cracks Down on Late Payments

During a webinar organized by Polityka Insight on April 15, 2020, the Polish Competition Protection Authority (UOKiK) Chair, Mr. Tomasz Chróstny, stressed that UOKiK will now pay particular attention to counteracting payment delays, relying on the powers vested in it by the Act of March 8, 2013 on Counteracting Excessive Delays in Commercial Transactions (formerly … Continue Reading

Poland: Performance of Contracts in the COVID-19 Pandemic Era – Is the Pandemic a Force Majeure?

The Polish government is putting the finishing touches to legislation aimed at supporting entrepreneurs in the time of the coronavirus disease 2019 (COVID-19) pandemic. The new legislation is divided into several parts and deals with aid through public sources, such as financing of maintenance of employment, microloans to SMEs, deferring payments of certain amounts due … Continue Reading

Poland: Functioning of Private LLCs During the Pandemic and Corporate Mechanisms Facilitating Discharge of Officers’ Duties

By virtue of the Regulation of the Minister of Health dated March 21, 2020 on Declaring the State of Epidemic within the Republic of Poland following COVID-19 infections, a number of restrictions have been enacted which have a bearing on the functioning of certain companies. The raging epidemic and the associated interaction and mobility restrictions … Continue Reading

Poland: Businesses in Difficulty due to the Pandemic – What Options Do They Have?

The coronavirus pandemic poses new risks and challenges for business at a scale unknown before. In order to assist businesses, the Polish government has announced that a PLN 212 bn ($53bn) stimulus package will be put in place. For a summary see our previous post. Start up of the aid package will take time, and … Continue Reading

Polish Government Announces PLN 212 Billion Package in Face of COVID-19 Crisis

Poland’s government has announced an economic stimulus package it values at PLN 212 billion to assist entrepreneurs and employees during the COVID-19 crisis.  The package consists of 5 pillars: employee safety, company financing, health protection, strengthening the financial system and a public investment program.… Continue Reading

Do Polish Companies and Corporate Law Enter the Digital Era? – Electronic Facilitations in Polish Companies’ Operations and Companies’ Registration

On September 3, 2019, an amendment to the Commercial Companies Code came into effect (Amendment), introducing a major change in how shareholders can hold their annual shareholders’ meetings.  Rather than holding shareholders’ meetings at the company’s registered office or any other location specified in the articles of association (within Poland), the shareholders of limited liability … Continue Reading
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