Law Firm Doradztwo Skarbiec represents foreign companies seeking to invest and participate in Polish markets.

We can offer you practical, prudent advice on just about any legal problem you may face dealing with Polish business entities or authorities.

We assist foreign companies in complying with state and local laws, and treaties to which Poland is a party, including Polish tax law, commercial law, labour law and administrative law.

Should you have any inquiries or further questions regarding Polish Law, please contact Doradztwo Skarbiec.Biz directly:

E-mail: doradztwo@skarbiec.biz
Address: Sheraton Plaza, Prusa Street 2, 00-493 Warsaw

Polish Law

Please find below free and comprehensive guide to Polish civil law and rules of civil procedure in Poland.

Articles on Polish Law

How to establish a company in Poland?
Pursuant to Article 6 Section 1 of the Law on Freedom of Business Activity, undertaking, conducting and terminating a business activity in Poland is free for any one, with equal rights, and subject to terms and conditions set forth in the provisions of law.

Acquisition of real estate in Poland by foreigners
The Polish law provides that the acquisition of real estate by a foreigner requires a permit. The permit is issued in the form of an administrative decision of the minister competent for internal affairs, provided that no objection is lodged by the Minister of State Defence, and in the case of agricultural real estate - if no objection is lodged by the minister competent for development of rural areas.

Alternative dispute resolution (ADR), arbitration and mediation under Polish law
There is a general opinion that court litigation in Poland is long-lasting and often ineffective. Therefore, one should note alternative techniques of dispute resolution, such as mediation, mediation procedure and arbitration

Agency and distributorship in Poland / on Polish market
The Polish law regulates agency contracts under which a party accepting the order (the agent) undertakes, within the scope of its business, to provide permanent agency services, against remuneration.

Contracts and commercial transactions with Polish companies
The key rule of the Polish law of obligations is the freedom of agreements included in Article 353(1) of the Polish Civil Code. Pursuant to the above regulation, the parties entering into an agreement may shape their legal relationship at their discretion.

Counselling involving unfair competition, false advertising and trade disparagement in Poland
Pursuant to Article 3 of the Polish Law of 16 April 1993 on Combating Unfair Competition, an act of unfair competition is understood as an act inconsistent with law or good customs if it jeopardises or infringes upon the interests of another entrepreneur or customer.

Court litigation in Poland | Litigation overview
Disputes between entrepreneurs are settled under Polish law in the form of proceedings which materially differ from ordinary civil law court cases. The key rule of commercial proceedings is included in Article 479(1) § 1 of the Code of Civil Procedure.

Establishing subdivisions (branches) in Poland
Pursuant to Article 85 Section 1 of the Law of 2 July 2004 on Freedom of Business Activity, in order to conduct a business activity in the Republic of Poland, foreign entrepreneurs may, on reciprocity basis, establish branches with registered office in Poland, unless ratified international treaties provide otherwise.

Disputes regarding intellectual property / Protection of intellectual property in Poland
Pursuant to Article 1 of the Law on Copyrights in force in Poland, any symptom of artistic work of individual nature, fixed in any form, irrespective of its value, purpose and expression method, may be the subject of a copyright.

Due diligence in Poland / Contract overview under Polish law
Although Poland is a member of the European law system, one should not presume that the knowledge of general standards of English and continental laws enables independent evaluation of legal standing of a Polish entity or validity and enforceability of a contract governed by Polish law.

Employment of foreigners in Poland
Pursuant to Article 87 of the Law of 20 April 2004 on Promotion of Employment and Other Institutions of Labour Market, a foreigner may perform work in the Republic of Poland if he/she holds a work permit issued by a voivod competent for the registered office of the employer.

Enforcement of creditors' rights / Collection of debts in Poland
According to Polish law, a compulsory enforcement of rights requires the so-called enforcement title. The term "enforcement title" means an enforcement title which the court equips with an enforcement clause.

Enforcement and defence of trademark rights in Poland
Pursuant to Article 120 of the Polish Law on Intellectual Property, a trademark means any marking which may be presented in a graphic form and may be used for distinguishing goods of one enterprise from the goods of another enterprise.

Legal advice in Poland
In Poland, the business consisting in provision of legal advice is not subject to a licence and, in general, may be conducted even without a university degree in law. Therefore, the safest solution for a foreign entrepreneur who is not able to independently verify the quality of advice received is to use the services of an attorney-at-law or an advocate.

Mergers, takeovers and acquisitions in Poland / of Polish companies
The Polish law provides for a number of possibilities to transfer shares in partnerships and companies. In the case of partnerships, the rule expressed in Article 10 § 1 of the Code of Commercial Companies applies.

Securing approvals for mergers, acquisitions, joint ventures and other arrangements in Poland
While effecting any mergers or acquisitions of business entities in Poland one should bear in mind the regulations concerning the notification of the President of the Office for Consumer and Competition Protection of intent to merge if the total sales of entrepreneurs participating in the merger for the financial year preceding the year of the notification exceeds EUR 50,000,000.

UCITS in Poland | Foreign investment funds in Poland
Units issued by an open-end investment fund registered in an OECD member state other than a Member State or EEA member state may be sold in the Republic of Poland.

Glossary of terms of Polish Law

DISCLAIMER: The material you read on this site has been prepared and/or edited by Robert Nogacki for information purposes only. This information should not be construed as legal advice and it is not necessarily current or complete. Receipt of this information does not create an attorney-client relationship. Should you have any further questions, do not hesitate to contact Mr Nogacki: redaktor.naczelny@skarbiec.biz

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