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Central Sea Port PPP Project in Poland – “Anchors Aweigh and Full Speed Ahead”

Large-scale public-private partnership (PPP) projects are not common in Poland. However, the amendment to the PPP law, which came into effect in September 2018, should change this. Therefore, we welcome the fact that, recently, the Port of Gdańsk announced a tender for a PPP advisor for the Central Sea Port Project (available in Polish). Thus, … Continue Reading

Poland’s New Split Payment Mechanism Affects Financing and Factoring Transactions

On July 1, 2018 the so-called split payment mechanism was introduced into the Polish legal system. Split payment refers to the splitting of invoice payments in B2B relations between a supplier’s current bank account and a VAT account, which is automatically opened by banks as an account directly linked to current accounts. Funds constituting the … Continue Reading

The Tale of Standardization: The Use of LMA Standard Forms in CEE

If there is a holy book for finance lawyers, at least on this side of the Atlantic Ocean, it would be the Loan Market Association (LMA) standard form. Aimed to improve liquidity and efficiency in the syndicated loan markets in EMEA, the recommended standard forms developed by the LMA are here to stay. Although intended … Continue Reading

PSD2 Fintech Puzzle – To Screen Scrape or Not to Screen Scrape?

The Polish Financial Supervision Authority (KNF) recently published (on 12 January 2018) a long-awaited statement relating to the “selected regulator’s expectations” as regards the interim period(s) relating to the implementation of the Payment Services Directive 2 (PSD2) in Poland. The statement is key for banks and FinTech companies (TPPs) to understand how to operate until the … Continue Reading

Criminal Record Check for Persons Applying for Employment in the Entities of the Financial Sector – the Draft Legislation (Poland)

At the end of August 2017, legislative work has started to set out principles of checking clean criminal records of applicants for employment in the entities of the financial sector. A list of entities that will benefit from the law covers, inter alia, banks, international financial institutions, insurers, the Polish Export Credit Agency (KUKE), insurance … Continue Reading

Draft Regulation of Capital Funds in Slovakia

Recently, the Ministry of Justice of the Slovak Republic (the “Ministry”) published a draft of amendment to the Slovak Commercial Code (the “Draft Amendment”) for public consultation. The Draft Amendment contains numerous substantial changes which we will discuss in series of separate blog posts. This post will look at the provisions relating to capital funds … Continue Reading

“Right for Payment Account” as an Instrument to Strengthen Consumers’ Protection

With effect from 1 March 2017, Czech Act No. 284/2009 Coll. on Payment System (the Act) has been amended in accordance with the Directive No. 2014/92/EU on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (the Directive). One of the purposes of the Directive … Continue Reading

Want to Use Public Funds? You Have to Disclose Who Your Ultimate Beneficial Owner Is

If you are or will be doing business with Slovak state, local government, municipality or a legal entity financed or controlled by the state, or you are receiving EU funds, as of February 1, you must be registered in the new Register of Public Sector Partners (the “Register”) and disclose your ultimate beneficial owners (UBO). … Continue Reading

Czech Republic: License needed for consumer loans

Significant changes affecting consumer loans regulation in the Czech Republic are coming. The new consumer loans law (Act No. 257/2016 Coll., on consumer loan) was approved during the summer and will be effective as of 1 December 2016. It implements current European Directives into Czech laws, in particular the Directive on credit agreements for consumers … Continue Reading
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