Polish lawyer

Andrzej Żurawski        03 lipca 2016        Komentarze (0)

Polish lawyer – who is he? What requirements he has to meet? How polish lawer could help you? Below you will find answers to these and other questions.

In Poland, as in other European countries, there are corporations that affiliating people involved in professional legal assistance. There are two corporations, whose members can provide professional legal assistnace: attorneys (in polish: “adwokat”) and solicitor/legal adviser (in polish: radca prawny). According to the regulations, basically there is no major difference between those two corporations, except one- lawyers, unlike solicitors may not be employed under an employment contract.

polish_lawyer

To become a polish lawyer, you have to meet strict requirements. These requirements apply to both: gained legal education and the moral attitude of the future lawyer. Regarding the requirement of legal education, it should be noted, that to become a lawyer is not enough to take arduous and heavy five years of study, but candidate must also complete a three-year application, which consist: theoretical course organized by the Bar , the practice in court and work in patron’s office. In the end candidate must pass the attorney’s professional exam. From this obligation are exempt eg. Judges (after 4 years of practice) and law professors.

Polish lawyers are obliged to provide legal assistance, cooperation in the protection of civil rights and freedoms and in creating and application of the law. Those general aims, lawyers may be achieve by:

  • providing advice and legal consultations;
  • preparing legal opinions;
  • drafting of legislation;
  • the presence in offices and courts as an attorney or counsel.

Polish lawyers has recently acquired the right to prepare credentials copies of documents for conformity with the  original to the extent specified in separate regulations. The certificate should contain the signature of the lawyer, the date and the designation of its preparation, on-demand – also the time to make operations. If the document contains special features (additions, corrections or damage) lawyer stated in the certificate. Previously, such rights had only notaries. Legal aid is provided to wide circle of receivers (virtually for everyone): individuals , business entities and organizational units .

The Bar,  has a numerous tasks, such as:

1) creation of conditions for carrying out statutory tasks of the Bar;

2) representing the advocacy and protection of its rights;

3) supervision of compliance with regulations on the exercise of the legal profession;

4) development of professional skills and training of advocates;

5) the establishment and promotion of professional ethics and ensuring their observance;

Using a polish lawyer service you can rest assured, that everything you told him, he is obliged to keep secret, what’s not so obvious in case of legal assistance provided by unqualified personnel. In addition, The obligation of professional secrecy can not be limited in time. Lawyer has also „extra” rights- during and in connection with the performance of professional duties enjoys legal protection as judge and prosecutor.

Each polish lawyer subordinate to the compulsory insurance of civil liability for damage caused, when he is performing his activities, what assures client’s interests, even if  even if negligence was committed by a lawyer.

Polish lawyer or law office in which a lawyer practices his profession may be a member of an international network of law firms , whose business is the provision of legal assistance. Advocate after the appointment of a professional offices, is able to perform his activities throughout the country and abroad , where this is permitted by local law or international agreements provide for it .

If you have any inquiries about polish lawyer services don’t hesitate and send me any question you need to ask.

labour law in poland

Andrzej Żurawski        26 czerwca 2016        Komentarze (0)

The labour law in Poland takes into account the fact that the current geopolitical situation, as well as the fact that Poland continues to strengthen its position as the most attractive outsourcing location in Europe makes the polish market becoming the target of economic emigration. The available data show that the number of foreigners seeking employment in Poland increases each year. This is a chance for Polish entrepreneurs to gain qualified and talented staff with rich experience.

labour law poland

Lawful pursuit of work by a foreigner in Poland according to labour law is connected with the necessity of obtaining a work permit and accomplishing other conditions under the law applicable (Act of 20th April 2004. on employment promotion and labor market institutions and the Act of 15th June  2012. on the effects of delegating work to foreigners residing with violation of regulation in the territory of the Polish Republic).

A work permit is being issued by the relevant provincial governor after the fulfillment of all the conditions set out in that legislation of the labour law in Poland – including the obligation of the entity that is about to assign the foreigner to work (entrepreneur) to enclosed to the application for a work permit the information issued by the appropriate district governor of a negative result of „labor market test” or the lack of ability to satisfy staffing needs of the employer, based on the records of the polish unemployed (and searching for work) or the negative result of recruitment organized for employers in such a manner to provide a priority access to the labor market especially for the Polish citizens. However, in some cases, the current regulations provide an exception from the requirement to obtain a work permit for foreigners.  In the first place, these situations are defined in article 87th of the Act of 20th April 2004 on employment promotion and labor market institutions, according to which the foreigner is entitled to work in the territory of the Republic of Poland according to labour law, among others if:

  • a foreigner has a refugee status granted in the Republic of Poland;
  • he was granted subsidiary protection in the Republic of Poland.;
  • has a permit for permanent residence in the Republic of Poland
  • he holds long-term resident’s UE residence permit on the territory Republic of Poland;
  • he has a humanitarian residency permit
  • permit for tolerated stayon the territory of Poland
  • benefits from temporary protection in the Republic of Poland;
  • is a citizen of a Member State of the European Union;
  • is a citizen of one of the countries of the European Economic Area, a non-European Union;
  • is a citizen of a country, non-party to the Agreement on the European Economic Area, who may use the freedom of movement of persons on the basis of an agreement concluded by that State with the European Community and its Member States;

Situations in which foreigners are exempt from the requirement to obtain a work permit in order to legally take up an employment in Poland were also regulated in a labour law (Decree of Minister of Labour and Social Policy of 21st April 2015 on the cases in which, employing a foreigner on the Polish territory is allowed without having to obtain a work permit).

Its provisions provide the possibility to assign the work, on the Polish territory, without obtaining a work permit, among others to foreigners who are nationals of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, Republic of Moldova, the Russian Federation or Ukraine  who are to perform the work for a period not exceeding six months within the next 12 months, regardless of the number of entities commissioning the work

The decree makes the opportunity for the citizens (from Belarus, Georgia, Moldova, Russian Federation and Ukraine) to work  – without a need to obtain the work  permit- dependent on the prior registration in the proper labor office (competent for the place of permanent residence or registered office of the employer) a statement on the intention to employ this foreigner (so called „Statement on the intention to entrust work”), defining:

  • the name of the profession,
  • place of work,
  • date of the beginning and duration of the work,
  • type of contract which is the basis of the work,
  • the amount of the gross salary for a worker,
  • information about the inability to meet staffing requirements on the local labour market and confirmation the employer is acquainted with the legal regulations of foreigners’ residence and employment in Poland

In addition, the work must be performed by a foreigner on the basis of an agreement concluded in written form. This obligation applies at the same time, to each type of contract, on the basis of which, the work is performed – independently of whether it would be a contract of employment or other civil contracts such as: contract work, commission or agency contract.

Facilitation with regards to the procedures for entrusting the work to foreigners from Belarus, Georgia, Moldova, Russian Federation and Ukraine are also reflected in the absence of registration fee and free publication of the forms required on the website of the Ministry of Labor.

Based on the registered „Statement on the intention to entrust work”, it is possible to apply for a foreigner for visa entitling him to reside in Poland. As a rule, issuance of visa is connected with the necessity to cover the proper state fee, (its amount of varies between 0 and 70 euros, depending on the type of visa and nationality of the applicant), however, it does not apply to citizens of Ukraine, for which it is free of charges (on 13th June 2016. Poland and Ukraine signed an agreement on the abolition of fees for issuing national visas, according to which fees for issuing national visas for Ukrainian citizens who intend to stay on the Polish territory for more than three months and less than one year, the visa type D, are abolished).

As follows from the above labour law in Poland gives the possibility to work on its territory but it is necessary to use the aid of qualified law office to duly fill all the requirements

Polish company register

Andrzej Żurawski        14 czerwca 2016        Komentarze (0)

There are two types of polish company registers constituting sources of the information on the entities engaged in economic activities.

The first one – for the individuals conducting the sole proprietorship – called (in short) CEIDG and the second one – providing information about companies, foundations, associations and other entities.

polish company register

Polish company register – CEIDG

When it comes to the individuals – under the law applicable – they can only undertake the legal activities after the entry into CEIDG (Central Register and Information on Economic Activity) which mean that the registration is obligatory.

The entrepreneur is obliged to disclosure in the entry into register the following information:

  • Trading name of the entrepreneur and the  personal identification number of the entrepreneur PESEL (as far as he possesses one);
  • Date of birth of the entrepreneur;
  • Statistical number of the entrepreneur (REGON) (as far as he possesses one);
  • Tax identification number of the of the entrepreneur (NIP) and the information on its validity/ repeal;
  • Information on the entrepreneur Polish citizenship ((as far as he possesses one)– as well as of other citizenships;
  • Address of residence, address for service of documents  as well as all addresses where the business activities is performed, including the principal place of business and branch office (if it has been created);
  • Contact details, such as e-mail address, website address, phone number (if the data has been included in the application for the entry into register);
  • The date foreseen for commencement of the business activities;
  • Specification on the nature of the business activity –in accordance to he Classification of Polish Economical Activity (PKD);
  • Information on the existence or termination of the  community property system (matrimonial property);
  • Tax Identification Number (NIP) and the statistical identification number (REGON) of the Civil Partnership if the entrepreneur is a partner of a one;
  • information identifying the representative empowered to act on behalf of the information identifying the representative – along with the scope of matters, the representative is entitled to deal with in accordance to the Proxy document, as far as the entrepreneur has granted it to representative and reported the respective information in the application for the entry into register);
  • Information on Suspension and resumption of the economic activity;
  • Information on the partial capacity/legal incapacity of the entrepreneur and the legal guardianship;
  • Information on the bankruptcy on the date of the termination of the said procedurę;
  • Information on the legally binding dismissal of a motion for bankruptcy due to insufficiency of assets to cover the total costs of the bankruptcy proceedings;
  • Information on the legally binding expiry/ revocation of the arrangement concluded with creditors in the course of the bankruptcy/ restructuring procedures;
  • Information on the initiation of restructuring proceedings and its termination or legal validity of the decision approving the arrangement concluded in the course of the proceedings;
  • Information on the entrepreneur’s transformation (into sole-shareholder capital company);
  • Information on the prohibition of a conduct of business activity;
  • Information on the sanctions barring the entrepreneur from exercising specific profession (which are subject to entry into the register of entrepreneurs);
  • Information on the sanctions barring the entrepreneur from exercising the profession connected with the , education, treat and care of minors;
  • Information on the date of permanent cessation of business activity;
  • Information on the removal from the registry.

In accordance to the Act from July 2nd 2004 on the Freedom of Economic Activity individuals can register their business activity online. All the submits required are available online the website of the CEIDG Registry (https://prod.ceidg.gov.pl). All activities related to the entry in the Central Register and Information on Economic Activity (CEIDG) (led by the Minister of Development) are FREE OF CHARGES.

Polish company register – KRS

The second polish company register called KRS (National Court Register) provides information about companies, foundations, associations and other entities. In accordance to the Act from 20th of September 1997 on the National Court Register, the KRS consists of the following sub registers:

  1. register of entrepreneurs;
  2. the register of associations, other social and professional organizations and foundations and independent public health care centres;
  3. register of insolvent debtors.

The Registry is public which means that everyone has the right to access the data contained in the Register through the authority called Central Information  – that provides (online) information on the entities registered in the Register and a list of documents contained in the catalogue (information are free of charges).

An excerpt from the Register downloaded online (at: https://ems.ms.gov.pl/krs/wyszukiwaniepodmiotu) holds the same legal power as the documents issued by the Central Information  – if they have features allowing to verify the data contained in the Register. It is presumed that the data entered in the Register are true. (if the data entered in the Register are contrary to the ones included in the application for the entry, the entity cannot invoke unconformity of the data in dealings with the third party acting in good faith in case the request for correction, addition or deletion of the data had not been immediately submitted by the entity).

The register contains various types of information (depending on the type of the entity to which the data relates and the specific provisions), such as for example:

  • National court register number (KRS number);
  • REGON number;
  • Name of the entity;
  • Legal form and current status;
  • Date of registration in the national court register;
  • Address;
  • Important dates (dates of entry and removal);
  • Information on the entities authorised to represent the entity;
  • Information on the statutory bodies of the entity;
  • Share capital (in relation to the capital companies and European Cooperative Society);
  • Information on the document submitted by the entity (ex. financial statements);
  • Information about the initiation and termination of restructuring and bankruptcy proceedings.

If you need any help with polish company register don’t hesitate to contact and ask a question.

Companies run in Poland

Andrzej Żurawski        16 maja 2016        Komentarze (0)

This year our law firm for the first time has taken part in annual event organized in Wrocław and called „Bieg firmowy” (companies run) – which main idea is to promote healthy live style and charity work.

At the start line there were five bold participants (including myself) and each of us had reached the finish line. We can therefore announce that the run was a big success. In the end the results and place in ranking are not that important 😉

Great atmosphere of healthy competition, people with the positive attitude toward life (and themselves), good organisation of the event – all of it together has ensured that  we had an enjoyable time and with no doubts will take part in this run next year.

companies_run_2016

Debt collection in Poland

Andrzej Żurawski        14 maja 2016        Komentarze (0)

 

Debt collection in Poland is a service, about which the clients being foreign companies ask me increasingly.

There is nothing worse, than not receiving a payment for goods that have been produced and delivered to the debtor.- former trade partner. Nowadays, wholesale of products to Poland is subject to downside risk. Even the fact of having a solid, reliable recipient of merchandise does guarantee anything and exclude a risk.

There are two reasons for which debtors from Poland do not settle their debts and the execution is necessary:

  1. They are having financial difficulties
  2. They are planning to commit the fraud.

 

Debt collection in Poland- debtor’s financial problems

Business activities is always associated with some risk. In Poland that risk is high, due to very complicated tax regulations, relatively low skills of polish managers and instability of economy.

In addition, polish laws provides advantage to the national tax authorities (IRS) and the employees over the entrepreneurs in respect to their legal situation in case of debt enforcement proceedings. Hence, it is advisable to make sure that the debt recovery in Poland will be performed skillfully – what increases the possibility that the money will be recovered.

„It’s a common situation- debtor, who seemed to be a wonderful man, friend and business partner suddenly stops making payments. It’s normal, that we trust the man whom we know well and who is swearing that the problems that he’s having are just temporary and shall be solved within the few months. Unfortunately, it’s often so, that although the debtor is honest and has the will to repay his debt, it turns out otherwise. Polish law, in case of payment’s problems puts the creditor in the long queue – behind Administration and employees. Therefore it is so important, to initiate a vindication as soon as possible”

International debt recovery specialist.

 

Debt collection in Poland- fraud

Less often, but there are, regrettably also the situations, when rapport and trust are exploited to commit a fraud. Receiver, who always settles up on time, all of a sudden stops anwsering phone calls, mails, faxes, or simulates, that he has a interim problems, that will not last long.

„He pulled a fast one for 235.000 Euro! First please undertake any steps to recover my money and then accuse him of fraud! Yet, this is an ordinary theft, he has assets, but he has texted me, that he had gone bankrupt…”

 

Owners of production company from Italy

 

The above quote constitute an excerpt from the letter, in which director one of the biggest Italian air conditioners factory is writing about…one of his best clients in Poland. Their cooperation was going very well, their net sales reached 2.500.000 Euro and the client has always paid on time. At a certain moment the client ceased to pay for the delivered commodity.

He was answering e-mails and phone calls. He informed client that he’s waiting for the money from his contractors for which reason the payment will be slightly delayed. In fact, he was disposing his assets – by donating everything to his wife and children, or simply selling. When the Creditor, after six months of waiting, run out of patience and started the debt collecting procedure then it turned out that the buyer has nothing else, than the clothes, that he had on himself.

It is a common situation. Usually it appears that the buyer, whom seller regards as a responsible, serious client, is just simply preparing the ground for a fraud. Most frequently he is making business with several companies – which allows him to settle the debt towards one of the company from the funds that have been already stolen from the other one. He’s doing so, until he earns their trust and therefore will be able to conclude long settlement transactions –  then he simply won’t settle the debt and will seek for another victims.

 

International debt recovery specialist.

 

 What to do to minimize the costs?

First of all you have to make a quick decision to start debt collection in Poland. It is not a problem to recover a payment, which is one or two weeks delayed, because in that period  the chances of regaining the money reach 90%. The real problem starts, when a debt is a month and a half old. When three months pass the case is already urgent.

It is commonly known that in Poland and in other countries of Central and Eastern Europe, there is a very strong relation between the passage of time and the chance to recover the money – what has been graphically presented below.

debt collection in poland

Above graph (chart) was drawn up, based on the results of the researches made by of debt collection companies, active in recovering money for manufacturers from Italy, Germany and France on the markets of Eastern and Central Europe. Please, pay attention to the red point- that means a significant moment for each claim, after which the chances of regaining the money crashes.

Debt collection in Poland has a big chances of success, as long as the proper action wiill be taken quickly, without delays – In other words – if we recognize, at the appropriate time, the cause of non-payment and select the adequate measures.