In 2021, many companies will need flexible forms of financing, for measures such as business restructuring  and technological development. To this end, European stock exchanges must create favourable conditions for financing cross-border IPOs. This goal can only now be achieved by capital markets coalescing as a single financing market, free from barriers through the joint […]

EU IP law will continue to apply in the UK until the end of the transition period on 31st December 2020. From 1st January 2021, the intellectual property landscape across the EU and UK will look very different. The primary change is that harmonised IP rights currently covering the entire EU, including the UK, will […]

‘Divergent thinking is what counts’, says Piotr Kochański, Senior Managing Partner in the law firm named “Law firm of the year: Central Europe” by “The Lawyer”.   According to the Awards Committee, your firm leads the way in innovation, has a strategic approach to expansion in the region and has developed a unique organisational culture. […]

Kochanski & Partners has been recognized in the prestigious Chambers FinTech Legal 2021 ranking of law firms specializing in providing services to financial sector companies developing, offering or applying new technologies. Kochanski & Partners was recognized for its commitment to promoting the use of cloud solutions in the financial and banking sectors, in particular for […]

The Government Legislation Centre website has published the final version of the draft amendment to the Commercial Companies Code, which is to introduce the group of companies law into the Polish legal system. The draft is expected to be submitted to Parliament as early as this January. Below you will find a summary of the […]

Agata Dziwisz was a speaker at the 11th Annual “International Taxation in CEE” conference. This event covered a broad range of taxation matters across the CEE region, taking into account the wave of new measures which have to be handled by tax professionals, including new documentation requirements, audits by tax authorities and new tax and […]

It is our great pleasure to inform you that the Kochanski & Partners law firm has received the title of “Law Firm of the Year: Central Europe” in the prestigious “Lawyer Awards 2020” competition. We were awarded for offering legal services based on innovative technological solutions, our strategic approach to development on regional and international […]

In response to current trends in corporate governance, changes in the market and regulatory environments, and the needs reported by capital market players, this month the WSE Corporate Governance Committee presented the first draft of a new set of corporate governance rules for listed companies: “Best Practices for WSE Listed Companies 2021” (Best Practices 2021). […]

Idea Bank is the first Polish financial service sector entity to obtain the ISO 27017 and ISO 27001 certifications, confirming that its cloud computing solutions meet the highest international standards, and that customer data is processed in the cloud with full respect to security standards. Kochański & Partners advised the bank throughout the certification application […]

Kochański & Partners has been shortlisted for the Lawyer Awards 2020 in the category: “Law firm of the year: Central Europe”. This is the eleventh edition of the Lawyer Awards already. The awards scheme attracts entries from over 120 independent law firms headquartered in Europe and global firms across the Continent. This is the highest […]

On 4 November, the Office of the Polish Financial Supervision Authority (“UKNF”) published its position on the provision of the so-called “robo-advisory services”, i.e. investment advisory services using artificial intelligence mechanisms[1] (“Position”). The UKNF addressed the whole robo-advisory process, from design to implementation of the service and monitoring of operating solutions. Its intention was to […]

Tax regulations are the most frequently amended legislation. This has been the case for a long time, but the scale and speed of recent changes are unprecedented. However, the direction of the changes is unclear. On the one hand, we are experiencing a clear tightening of regulations by the tax authorities, but on the other, […]

2020 has been marked by dynamic developments in the new technology market. The pandemic has accelerated digitalisation of economic activity with employers investing in remote working systems and implementing state-of-the-art procedures. Companies are migrating to the cloud and seeking applications for artificial intelligence in management and sales development. However, the law is not always able […]

The Regional Court in Poznań granted the fourth successive injunction in favour of Forteam Investments Ltd., an investment company belonging to Delta Capital Partners Management – a U.S. private equity fund, in the pending dispute with Mariusz Świtalski. This time, all assets of Druga – Sowiniec Capital, including a mansion in Sowiniec, surrounding grounds and […]

International law firm Pinsent Masons has recently published an article on the European Green Deal, as the European Commission is supposed to propose a series of measures in order to increase the bloc’s emissions reduction target from 40% to “at least 55%” of 1990 levels. The need for transition is particularly important to those member […]

On 7 October 2020, the arbitral tribunal conducting proceedings under the UNCITRAL rules issued an award in the case of our Client “Muszynianka” sp. z o.o. against the Slovak Republic. The Tribunal decided that Slovakia violated international law to the detriment of the Polish company. The dispute concerned a breach of the Poland-Slovakia BIT. The […]

The  Energy Efficiency Act carries the obligation for a specific category of businesses (not only energy companies) to prepare an energy audit. A business energy audit is a procedure that involves analysing proposed projects in order to identify energy savings and improve energy efficiency. In practice, the energy audit is an investigation of energy consumption […]

The Warsaw Stock Exchange attracts ever more foreign investors, with their share in WSE turnover reaching 58% in H1 2020. In response to these accelerating business trends, Kochański & Partners is reinforcing its Capital Markets Practice, with the appointment from October of Jarosław Grzywiński, Partner, as its new leader. Jarosław specialises in capital markets, commercial […]

Once again, Kochański & Partners is among the leading Polish law firms recognised in the IFLR1000 international ranking. In this year’s edition we are recommended in the following categories: banking, M&A, and project development: power. We are also delighted to announce that Rafał Rapala, Senior Partner and Head of Transactional Practices Group, has again been […]

Undertakings must obtain or change their fuel license or entry in the register of liquid fuel importers by October 8th. September 8th, 2020 saw the entry into force of a new regulation of the Minister of Climate*, which changes the inventory of liquid fuels for which a relevant fuel license or an entry in the […]

In order to adapt to ever-changing regulatory, political, cost and consumer demand environments, the energy sector needs cloud computing. The new draft act may boost the process of implementing cloud computing solutions, but what changes will the amended regulations bring? – Wojciech Wrochna, Partner, and Head of Energy at Kochański & Partners explains. Energy in […]

In Poland, although almost 20% of couples face infertility, only 1/5 undertake treatment. The Polish market of in vitro clinics continues to be one of the smallest in Europe. If the situation does not change, by 2050 the Polish population will have decreased by 14%. Small market, high quality service In 2015, there were only […]

A consultation meeting was held at the Ministry of State Assets, during which the proposed changes to the planned amendment of the CCC were discussed. The amendment involves, i.a., the introduction of the so-called corporate groups law (prawo koncernowe) into the Polish legal system and a reform of the functioning of supervisory boards. The invitation […]

Dr. Marek Jeżewski, Advocate, Partner, Head of Dispute Resolution at Kochański & Partners, will join the jury of this year’s Lewiatan Arbitration Moot (Konkurs Arbitrażowy Lewiatan, KAL). The competition is organized by the Lewiatan Arbitration Court, one of the leading arbitration courts in Poland. This is the first and the largest moot court event in […]

Olgierd Świerzewski, attorney at law, Partner, Executive Director and Project Management Professional PMP® at Kochański & Partners is to appear as a speaker at the 5th edition of the Project Management Forum organised on 14-15 September 2020 by Puls Biznesu. During two days of presentations, leading Project Management experts will share their knowledge and experience […]

We support businesses in difficult times

Wojciech Wrochna, LL.M, Partner, Head of Energy, Natural Resources & Chemicals, joined the #RatujBiznes campaign run by the Commissioner for Small and Medium-Sized Enterprises. This is an information and organizational initiative assisting micro, small and medium-sized enterprises suffering as a result of the economic crisis caused by the COVID-19 pandemic. As part of the campaign, […]

Regulations on remote work performed on request of the employer in connection with COVID-19 have recently been amended, and take effect from September 5th this year. On August 20th this year, an amendment to the so-called Special Coronavirus Act[1] of March 2nd, 2020 on special solutions related to preventing, counteracting and combating COVID-19, other infectious […]

Kochański & Partners has been awarded a tender for legal services to PSE S.A. – the sole Polish electricity transmission system operator. The Firm will assist PSE in addressing the formal and legal aspects of the company’s electricity infrastructure. As part of the project, Kochański & Partners lawyers will represent the client before public administration […]

As the number of COVID-19 cases is noticeably increasing, August 8th has seen the entry into force of new outbreak-related regulations introducing additional restrictions, orders and prohibitions across the so-called red and yellow zones. Areas classified as zones with more stringent sanitary measures are to be constantly updated depending on the number of recorded infections. […]

  On 5 August 2020 the Government Legislation Centre published online detailed assumptions of the government’s draft amendments to the CCC (“Project”). The Project, in response to the repeated calls of practitioners, aims to introduce a number of changes to Polish law, including in particular the so-called holding law, regulating the private and legal relations […]

Workers’ mobility has been significantly reduced in recent months due to the Covid-19 pandemic. However, employers posting workers abroad should be aware of changes that will take effect after 30 July 2020. The new rules on posting follow from the implementation of Directive 2018/957 of the European Parliament and of the Council of 28 June […]

As part of the so-called Anti-Crisis Shield 4.0. new provisions of the Act on Control of Certain Investments have come into force. The amendment is aimed at increasing the control of the President of the Office of Competition and Consumer Protection (UOKIK) with respect to the acquisition of Polish enterprises whose business is important for […]

The District Court for Kraków-Śródmieście has discontinued criminal proceedings against an Onet journalist who wrote about paedophilia in the Tricity area (Gdansk, Gdynia and Sopot). Mr Podolski was represented by advocate Mateusz Ostrowski, Partner and Head of Litigation at Kochański & Partners. Mikołaj Podolski detailed several paedophile crimes that were to be committed in the […]

In this year’s Rzeczpospolita law firm ranking, Kochański & Partners is ranked among the top ten law firms experiencing the most dynamic growth in the last decade. In addition, we are also recognized for our commitment to regulatory actions in response to the coronavirus pandemic. The organizers of the Rzeczpospolita ranking analyzed the growth dynamics […]

On 16 July the Court of Justice of the European Union announced its judgment in Case C-311/18 (Data Protection Commissioner/Maximilian Schrems and Facebook Ireland)   What did the Court decide? The Court of Justice invalidated Commission Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield. The CJEU also found that […]

Co-authors of films accompanying newspapers are entitled to additional royalties,  however only on copies actually sold, and not on the entire published run. Moreover, the amount of royalties may not be arbitrarily imposed by copyright collecting societies. This is the conclusion stemming from a judgment of the Supreme Court, which endorsed the arguments of Kochański […]

The Polish labour market as it was in January 2020 and the one that exists six months later are two different worlds. This year began with an unemployment rate of 5.5%. The shortage of employees was one of the biggest challenges of the Polish labour market in 2020. The problem with the shrinking pool of […]

Polish banks have still not begun to recover from the coronavirus pandemic. Analysts warn: if specific measures are not taken quickly, the banking sector will plunge even deeper into crisis.  COVID-19 crisis in the Polish banking sector  The Polish banking sector has been severely affected by the coronavirus pandemic, recording drops of around 45% in […]

Further regulations of the Anti-Crisis Shield, intended to support businesses affected by the COVID-19 epidemic,  have recently taken effect. The following solutions are significant from an employer’s perspective: Salary subsidies from the Guaranteed Employee Benefits Fund (FGŚP) in case of economic downtime A business which has experienced a decline in turnover attributable to COVID-19 may […]

On 1st July 2020, a new Regulation of the MF extending certain deadlines for disclosure of tax schemes and exchange of tax information with other states entered into force (“MDR Regulation”). In addition, a draft Regulation amending the Regulation on goods and services subject to preferential VAT, and conditions for application thereof, has recently been […]

As part of the support programme for businesses to counteract the consequences of the SARS-CoV-2 pandemic in Poland, implemented by Polski Fundusz Rozwoju S.A. (Polish Development Fund, PFR), large enterprises may apply for financial support offered under the so-called Financial Shield. Financing of large companies includes both debt and equity financing, and is handled directly […]

The banking sector has declared the year 2020 to be the “year of the cloud”. Not long ago, the Polish Bank Association (ZBP) estimated that it would take banks two to five years to make the transition from an early adoption phase to the phase of mainstream use of cloud computing. Today, there is no longer […]

International investment capital will flow to companies capable of developing a cure for COVID-19. However, the Polish pharmaceutical sector, contrary to earlier expectations, has been experiencing serious declines compared to pre-coronavirus pandemic quotations.  Surprising declines Although global pharmaceutical companies have responded relatively mildly to COVID-19, the Polish sector has been experiencing heavy declines, reaching 50% […]

Poland | New anti-crisis package – M&A screening procedures ultimately lifted for investors from OECD including the US, Canadians, Japanese and Koreans Introduction Investors from the United States, Canada, Israel, Japan or South Korea can breathe a sign of a relief that the new Polish M&A restrictive measures will not influence their plans with regard […]

Polish construction and real estate businesses are doing surprisingly well in the face of the coronavirus pandemic. The sector is now recovering following early slight losses. However, the question arises how the market will react to the drastic decline in the number of granted mortgages.   Construction and real estate sector in Poland The Polish […]

As early as the 1st of July, an amendment to the Code of Civil Procedure will enter into force, introducing specialised courts for intellectual property matters (IP Courts) into the common court system. The purpose is to ensure efficient resolution of intellectual property cases by specialised judges. IP Courts Upon entry into force of the […]

The coronavirus pandemic has affected all sectors of the economy, causing one of the largest economic crises in the last 100 years. Today, almost five months after the outbreak of the epidemic, we are observing a slow return to the so-called new normality, although the situation will improve in some industries. From mid-March 2020, the […]

The situation caused by the COVID-19 pandemic has undoubtedly affected the status of foreigners remaining in Poland, and in particular the legality of their residence and employment. This is particularly important for those whose documents legalising work and residence have expired during the pandemic, or for those trying to obtain new such documents. Extension of […]

The coronavirus pandemic and related restrictions have had a particularly strong impact on businesses. Many are still struggling to maintain financial liquidity despite the gradual unfreezing of further branches of the economy. In order to meet their needs, the Ministry of Finance has decided to postpone the date of entry into force until 1 October […]

Due to the state of epidemic, Shield 2.0* has extended the deadlines for entities operating in the energy sector. The new deadlines are presented below: New deadline The validity of licensing decisions that expire during the state of epidemic threat or state of epidemic in the territory of the Republic of Poland has been extended, […]

Due to the SARC-CoV-2 pandemic, measures to prevent the spread of the disease have been implemented in Poland. Regardless of whether the hazard takes a chronic form or whether it is possible to quickly eliminate the pathogen from public spaces, the time to return to normal functioning of the economy and the workplace is approaching. […]

Kochański & Partners (K&P) is implementing a new business strategy to rapidly accelerate its penetration of international markets via strategic alliances with key foreign law firms. This strategy involves a reformulation of the business model and closer, comprehensive cooperation with clients. Kochański & Partners also plans to remodel its internal structures and processes, in particular […]

We are delighted to announce that Kochański & Partners law firm has been ranked among the best firms providing media law advice in the prestigious Media Law International (MLI) 2020 ranking. This recognition is a reflection of many years’ experience of Kochański & Partners lawyers in advising leading players on the media market in Poland […]

We are delighted to announce that the success of Kochański & Partners in the IP STARS 2020 ranking has been further boosted with individual awards for our IP experts. Piotr Kochański (Advocate, Kochański & Partners Founder) was awarded the title of Patent Star 2020, & Karolina Marciniszyn (Trademark and Patent Attorney, Partner, Head of Intellectual […]

On 31st March 2020, an amendment to the Act on Special Measures for the Prevention, Control and Management of COVID-19 was adopted as part of the so-called Anti-Crisis Shield (subsequently, the regulations were amended by the Act on Special Support Instruments in Connection with the Spread of SARS-CoV-2 Virus of 16th April 2020). The new […]

The Act Amending the Act on Special Measures for the Prevention, Control and Management of COVID-19, Other Infectious Diseases and the Resulting Crisis Situations, and Certain Other Acts, dated 31 March 2020 (Journal of Laws of 2020, item 568) and the Act on Special Support Instruments in Connection with the Spread of the SARS-CoV-2 Virus, […]

As we mentioned in our previous article on restructuring and bankruptcy in the context of the COVID-19 pandemic, the current special circumstances do not generally affect the absolute time limits and conditions for declaration of bankruptcy in case of insolvency. The declaration of bankruptcy by the representatives of the entrepreneur is not so much their […]

We are proud to announce that Kochański & Partners has been recommended in The Legal 500 Europe, Middle East & Africa 2020 ranking in the following 9 practice areas: Banking & Finance Commercial, Corporate and M&A Dispute Resolution Energy & Natural Resources Intellectual Property Real Estate Restructuring & Insolvency Tax TMT 16 lawyers are recommended, […]

Amendments to Construction Law and Environmental Protection Law under the Anti-Crisis Shield   The Act on Special Support Instruments in Connection with the Spread of SARS-CoV-2 Virus, adopted by the Sejm on April 9, 2020, introduces substantial amendments to both Construction Law and Environmental Protection Law. If introduced in the current form, these amendments will […]

On 31 March 2020, the Sejm adopted the so-called “Anti-Crisis Shield“ Act together with secondary legislation. Unfortunately, the Shield provisions regarding tax deferrals and other obligations arising from tax law are rather limited. In this difficult period, these obligations may prove to be crucial for the continuation of business activity. Therefore, please find below a […]

On 31 March 2020, the Sejm adopted the so-called “Anti-Crisis Shield“, differing from the initial drafts. Below we highlight the solutions that were finally omitted and point out the ‘taxpayer traps’:     No regulation for accelerating VAT refunds The Shield contains no solutions accelerating VAT refunds from split payment accounts or any other facilitation […]

On 31 March 2020, the Sejm adopted the so-called “Anti-Crisis Shield“ Act together with secondary legislation, differing from the initial drafts. Below we summarize its most important points:     Changes in PIT/CIT Extension of the deadline for payment of CIT and submission of CIT-8 returns until 31 May 2020 (for some taxpayers even until […]

Three months after the coronavirus emerged in China, it has quickly spread to nearly half a million people across the globe, killing more than 22,000 people and bringing the world economy to a near-grinding halt.   Some scientists estimate that millions will ultimately die before COVID-19 runs its course. There’s a lot that infectious disease […]

Salary subsidies for employees affected by economic downtime or reduced working time.   Kochański & Partners, on behalf of its Clients, have already successfully submitted the first applications for salary subsidies under the so-called “Anti-Crisis Shield”. The basic assumptions of this scheme and its benefits for Businesses are presented below.   Conditions for obtaining funding […]

On 1 April 2020, the Act Amending the Act on Special Measures for the Prevention, Control and Management of COVID‑19, Other Infectious Diseases and the Resulting Crisis Situations, and Certain Other Acts – the so-called “Anti-Crisis Shield”, entered into force. From the perspective of the real estate industry, the most significant solutions offered by the […]

The Act Amending the Act on Special Measures for the Prevention, Control and Management of COVID-19, Other Infectious Diseases and the Resulting Crisis Situations, and Certain Other Acts, dated 31 March 2020, signed by the President of the Republic of Poland, provides for significant changes concerning the running of the time limit for filing an […]

On behalf of the Kochański & Partners tax advisory team, please be advised that the draft “Shield Package for Companies” announced by the Ministry of Development has been published. In this report we present solutions (proposed by either the Ministry of Development itself or tax experts and employers’ organizations), which – despite earlier announcements – […]

On behalf of the Kochański & Partners tax advisory team, we would like to update you on the provisional draft “Shield Package for Companies” being developed in connection with the coronavirus pandemic. Below please find a summary of main assumptions of the proposed changes regarding tax issues, which may be beneficial for entrepreneurs.     […]

The global situation related to the spread of COVID-19 is also having a significant impact on the banking sector. Banks, in cooperation with other institutions, are taking urgent measures to maintain financial stability and support their customers. The current situation is undoubtedly problematic for both banks and their customers, which is why it is so […]

Current as of 23 March 2020 (draft Amendment to the Act on Special Arrangements for the Prevention, Control and Management of COVID‑19, Other Infectious Diseases and the Resulting Emergencies, and Certain Other Acts, the “Bill”) Consultations are ongoing on draft new regulations to introduce anti-crisis shield solutions. Many employers are eagerly anticipating the details of […]

Ongoing legal actions in the absence of key personnel (quarantine, isolation, sanitary cordons, etc.)   Ensuring business continuity and leadership succession in companies and enterprises, e.g.: granting or revoking commercial proxies and other powers of attorney (as appropriate), filling vacancies in management boards, including in subsidiaries and capital groups, obtaining current extracts, excerpts, certified copies, […]

In view of the current economic situation resulting from the COVID-19 pandemic, the need for complex support for undertakings is a fact. The shield package presented by the Government on March 24, 2020 included the draft Act on granting public aid for rescuing or restructuring undertakings, a.k.a. the New Chance Policy. Over 10 years, PLN […]

Kochański & Partners (K&P) is a business law firm employing over 100 persons, and offering innovative and effective legal solutions using the highest professional standards within the legal industry. Kochański & Partners specialises in providing legal and financial advisory services to the real estate industry, including the hotel sector. At the turn of 2019, we […]

Basic information about forms of legal transactions Form of contract In accordance with Article 76 of the Civil Code, where the parties have stipulated in a contract that a specific transaction is to be made in a specific form, the transaction will only be effective if that form is observed. However, if the parties have […]

In recent days, many employers are taking steps to minimise the risk of COVID-19 spreading in the workplace. To this end, employers are, among others, collecting information on employees’ trips abroad, cancelling foreign business trips and introducing recommendations to limit private travel. Can an employer oblige its employees not to go on private trips to […]

CEE Legal Matters – the reputable, influential industry portal and magazine dedicated to CEE legal markets, has published the list of law firms nominated for the prestigious 2019 CEE Deal of the Year Award, with Kochański & Partners (K&P) nominated for its role in the acquisition of 85.8% of shares in Orbis S.A. by AccorInvest […]

For many Polish companies, accessing local capital is one of the most serious barriers to international development. However, this barrier is not insurmountable. Due to the dynamic development of Polish businesses, foreign capital markets are becoming more and more accessible. This not only enables companies to develop their products, but also to raise capital abroad. […]

Magdalena Papiernik (Advocate, Senior Associate) served as arbiter during the Polish qualifying round for the Jessup International Law Moot Court Competition, the most prestigious international law competition in the world today. The qualifications were held last Friday and Saturday (1-2.02.2020) at the seat of the Supreme Administrative Court. Jessup is the world’s largest moot court […]

The C.H. Beck energy law commentary is the first and unique comprehensive study of energy regulations made by eminent specialists in this field. The publication is co-authored by Kochański & Partners experts – dr. iur. Michał Będkowski-Kozioł (Partner, Head of Competition & Antitrust Law Practice) and Wojciech Wrochna, LL.M (Partner, Head of Energy, Natural Resources […]

Aleksander Petrys, interning with Kochański & Partners as part of his professional development, has won second place in the competition for the best Diploma Project on currency issues. This is the second edition of the competition, aimed at promoting topics such as the currency exchange, the  Forex Market, and the idea of ​​FinTechs, among the […]

On 1 January 2020, the Republic of Croatia assumed the presidency of the Council of the European Union and to mark the occasion, on 25 January 2020, the Consulate of the Republic of Croatia organized a New Year’s Concert. The ceremony gathered about 600 people, including diplomatic corps, political and local authorities, uniformed services and […]

  The second edition of The Legal 500: Private Equity Guide has been issued for 2020 by The Legal 500 in cooperation with leading international law firms. The publication is addressed to in-house lawyers and presents a holistic view of issues related to Private Equity in 21 different global jurisdictions. The Guide is a comprehensive […]

2020 began for Kochański & Partners with numerous promotions. Kochański & Partners regularly expands its team by hiring new attorneys at law, advocates and support staff, but also recognises those who, with their commitment and effort, contribute to their own development and the development of the Firm. Anna Golenia (Labour Law Practice), Aleksandra Piech (Technologies […]

Today, i.e. 24.01.2020, the Financial Supervision Authority published their long-awaited position on the processing of data by supervised entities in public or hybrid cloud computing. Its assumptions are in line with the standards under development by a Polish Bank Association working group, with Kochański & Partners as the main legal counsel. The project is managed […]

  Kochański & Partners (K&P) acted as legal counsel in the consolidation of three joint-stock companies from the FORMASTER group, the largest manufacturer and distributor of pitcher filters (DAFI brand) in Poland, with DAFI PRO S.A. and DAFI MARKET S.A. being absorbed into the surviving FORMASTER S.A. The merger totalled over PLN 300 million, involving […]

Kochanski & Partners together with Delta Capital Partners, US-based investment fund, invite you to attend a joint seminar where we will present on the topic of Litigation Finance & the variety of services offered by both Kochański and Delta. Litigation Finance is an industry which supports clients who either lack capital to pursue a legal […]