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opinions and comments
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What information may be protected in a procurement bid as a trade secret?
14-11-2011
An offer filed by a bidder in a public procurement procedure may contain information that constitutes a trade secret, which as an exception to the rule of transparency may not be disclosed to other bidders or third parties.
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Personnel files: in Polish, in writing, and for 50 years
14-11-2011
The Labour Code and other regulations require employers to maintain personnel files and other employment documentation, governing such specific issues as the language and longevity of the documentation.
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Securitisation: Be careful about reserving title to sold goods!
24-10-2011
A business may enter into an agreement assigning its receivables to a securitisation fund, but effective assignment of claims of title to generically identified sold goods may require notice to the buyer.
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Amending the articles of association when the company is still in organisation
21-10-2011
The Polish corporate code says the articles of association of a limited-liability company in organisation may be amended by a shareholder resolution, but the Supreme Court says a shareholder agreement is required.
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Exercise of share rights by the acquirer of registered shares
13-10-2011
Can the buyer of registered shares fully exercise all share rights immediately upon acquisition of the shares?
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Goods and the service of selling them—a trademark sandwich
05-10-2011
Under trademark law, the service of selling products is considered inseparable from the products themselves.
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What does a shareholder have the right to know about a public company?
05-10-2011
At a general meeting of a listed company, shareholders have a right to ask questions about the company’s affairs, but management is not required—or even allowed—to answer some of them.
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Sale of an enterprise with assignment of rights under commercial agreements
05-10-2011
Does the acquirer of an enterprise become a party to commercial agreements related to the enterprise under the same terms as the seller?
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UCITS IV Directive not implemented in time—what to do now?
16-09-2011
The deadline for Poland to implement the EU’s revised investment fund regulations came and went on 30 June 2011, but since then the Ministry of Finance has published its initial proposal to codify UCITS IV.
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A business does not always have to pay for pollution
16-09-2011
It may be released not only by the passage of time, but also, for example, if the pollution was caused by another entity or resulted from compliance with an order by public authorities.
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Litigation News
the law in Poland
publications
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Easier to amend environmental decisions
It often happens that the plans for a project are modified after a decision on environmental conditions is issued but before issuance of a permit for the project itself (e.g. the building permit). Is it necessary to amend the environmental decision?
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Transfer of environmental permit to acquirer of installation is not the rule
When a company has been issued an environmental permit, e.g. to release particles into the atmosphere, may it freely assign its rights under the permit?
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Arbitration in Poland
Interest in arbitration is growing, due to its effectiveness, professionalism, confidentiality and speed—particularly important benefits for businesses. But the parties do not always take full advantage of the possibilities.
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