High fees for review of National Appeal Chamber rulings are constitutional
In public procurement proceedings, a party dissatisfied with a ruling of the National Appeal Chamber will still have to pay high fees for judicial review.
Boilerplate clauses in transaction agreements under Polish law
Not every solution that works in a contract under foreign law is equally effective or justified when the contract is governed by Polish law.
Due diligence and outsourcing of waste management
During due diligence, it should be determined whether a producer of waste has released itself from proper management of the waste by outsourcing management of the waste to third parties.
Principles of social coexistence = good practices
According to the Supreme Court, a shareholders’ resolution inconsistent with principles of social coexistence violates good practices under Art. 249 §1 of the Commercial Companies Code.
Changes in reporting obligations of securities issuers
Recent amendments to the Transparency for Listed Companies Directive should improve the system for release of information by listed companies.
Investments in securities by managers of public companies
A management board member, with access to confidential company information, is subject to a number of restrictions on buying or selling shares of the company, on his own or another’s account.
The issue of long-term contracts in transactional practice
Remarks on problems related to the ability to modify contract terms to reflect changing circumstances, and the duration of long-term contracts
Financial sanctions under environmental law
Administrative fines and increased fees for exploitation of the environment are increasingly included in environmental regulations as sanctions.
The corporate charter of the target should be reviewed before the transaction
Comments on restrictions on the sale of shares under a company’s articles of association or statute.
Proposed changes in merger control regulations
On 15 May 2012, the Polish competition authority published a white paper proposing amendments to the Act on Competition and Consumer Protection of 16 February 2007.
Validity of contracts when a party is not properly represented
One of the conditions for the effectiveness of a contract is proper representation of the parties when the contract is concluded. In other words, it matters who signs the contract.
Is the Alternative Investment Fund Managers Directive already in force in Poland?
Poland has yet to adopt regulations implementing AIFMD, but that does not mean that nothing will change on the Polish market for private equity and closed investment funds in the next few months, before the new regulations are enacted here.
