We are together, to create a community whose permanence we will defend. A community built on shared experiences and shared plans for the future.
How to operate effectively in the new regulatory environment
The European Union has set ambitious biomethane production targets. By 2030, biomethane production in the EU is expected to reach 35 bcm, equivalent to ca. 15% of the EU’s gas demand.
More than 250 entries from 120 companies and law firms, and only 27 awards to give out. We are in the finals of this year’s largest and most important competition in the European legal market.
Management board members who also provide services to companies need to exercise caution, as the tax authorities have changed their previous positive attitude and are increasingly refusing to issue tax rulings for this type of arrangement.
We are leaders in energy projects, global financings and M&A transactions
Today, AI solutions are increasingly facilitating our activities in many diverse areas.
The Polish Copyright and Related Rights Act currently appears to be insufficiently adapted to provide adequate protection for creators whose works are used to train artificial intelligence, and is limited to considering a work solely as a manifestation of human activity.
Does the fact that legislation directly addressing AI has yet to take effect mean that currently employers have complete discretion in this area? Absolutely not!
Despite the fact that ChatGPT 4.0 has been a well-known AI tool for almost a year now, OpenAI OpCo, LLC still has no word mark protection in the US for its flagship product.
If you are considering using a particular relief, it is worth doing a thorough analysis of the tax legislation and checking whether you are actually entitled to it.
Zloty on the floor after MPC decision. What’s next for the Polish currency?
This is the next stage in the carefully planned and consistently implemented consolidation of Kochański & Partners.
Agata Dziwisz-Moshe and Andrzej Malec can once again boast the title of Highly regarded tax experts in Transactional tax and General corporate tax, respectively.
This year, the Ministry of Finance has decided not to extend the deadlines for fulfilling transfer pricing obligations. This means that the deadlines resulting directly from income tax acts will apply.
The listing of a company on a foreign stock exchange, in particular on the London Stock Exchange, opens the door to its wider recognition on international markets, providing access to the most active investors and financial institutions.
Investment agreements are a formal reflection of existing discussions between the parties planning to set up a joint venture.
The latest edition of the ITR World Tax ranking has brought further accolades for our tax team.
The entire civilised world is helping Ukraine in its fight against the aggressor. Because this is our common challenge – to withstand and repel further attacks, while systematically strengthening and building a new, stable and strong security system encompassing the whole of Europe.
This can be seen through the lens of public IT contracts, which by their very nature can involve unusual forms of remuneration and may appear at first glance to be performed free of charge.
Polska Wytwórnia Papierów Wartościowych (PWPW) has signed a PLN 143 million agreement with Tarchomińskie Zakłady Farmaceutyczne “Polfa” S.A. for the purchase of more than 17 hectares of land in Tarchomin, Warsaw.
Up to EUR 40 million will be made available to energy-intensive industrial enterprises to cover electricity purchase costs.
Supervisory Boards in joint stock companies have broad powers to supervise the activities of the Management Board.
There is continuing public discussion after the Supreme Court set aside the judgment of the Court of Appeal in Warsaw in the case of Rafał Ziemkiewicz.
When deciding to recapitalise a limited liability company, it is essential to be aware of the potential implications of the various forms of recapitalisation.
Fourteen banks will soon be offering the 2% Safe Mortgage, and Home Savings Accounts are already operational in two banks
The landmark judgment of the Constitutional Tribunal is the beginning of the road to the introduction of a new definition, which will finally resolve the dispute that has lasted for over a decade.
The SME Fund, a joint project of the European Commission and the EU Intellectual Property Office (EUIPO), is open for applications for targeted funding until 8 December 2023.
An amendment to the Act on Real Estate Management and Certain Other Acts – likely to come into force in autumn – will make it significantly easier for existing perpetual usufructuaries to acquire ownership of these properties.
According to the lawmakers, the introduction of the prohibition in the Civil Code was justified, inter alia, by the need to ensure the protection of the interests of a principal, i.e. a person who authorises another entity to represent him/her in an act having a direct effect for him/her.
Validity of tenders: legal implications
Option clauses are one of many well-known forms of securing the interests of parties to a contract in the transaction market.
The Cloud Model for Investment Funds is a set of principles and guidelines that provide practical guidance for cloud-related projects and policies in the investment fund sector.
During the recent Korea-Poland Economic Forum, important declarations regarding planned investments were made and details of ongoing projects were also presented.
On 4 July, the Constitutional Tribunal (CT) issued a landmark judgment (ref. SK 14/21) declaring the definition of a ‘structure’ in the Local Taxes and Levies Act unconstitutional.
Solidarity levy: a legislative oversight is good news for taxpayers
We recently supported our client in obtaining ISO 27001 and ISO 27017 information security certifications. This was not only an ambitious legal challenge, but above all an interesting and inspiring joint project.
The highlights the banking industry is talking about
In our daily work and business life, we want to create a space where everyone can feel at home – confident, comfortable and safe.
The recent high-profile judgments of the Court of Justice of the European Union of 15 June 2023 (C-520/21 and C-287/22) on the issue of CHF mortgage agreements may have a significant impact on Polish financial institutions.
According to the linguistic interpretation prevailing in the jurisprudence of administrative courts, the solidarity levy is not due on income earned in 2022.
The role of an instruction by the Court Following the CJEU judgment of 29 April 2021 issued in Case C-19/20, a rule was introduced to the effect that in CHF mortgage cases the consumer should be informed of the potential consequences of the court allowing the consumer’s claims against the bank. The CJEU stated that […]
In its judgment C-287/22, the CJEU has answered the question of whether a national court adjudicating a case brought by a consumer challenging the validity of a loan agreement, may dismiss a consumer’s application for an interim measure, having regard to consumer protection regulated by Articles 6(1) and 7(1) of Directive 93/13. The Court stated […]
In its judgment C-520/21[1] of 15 June 2023, the Court of Justice of the European Union shared the views contained in the Advocate General’s Opinion.
Each June, the Rzeczpospolita Law Firm ranking sums up what Polish law firms have been up to over the past 12 months.
A dynamic transformation is changing the financial landscape in Poland. This shift is opening up new opportunities for local authorities, private investment, M&A and public-private partnership (PPP) initiatives.
The evolution of consumer rights is crucial to ensuring balance in the banking sector. Over the past few decades, these have evolved significantly, becoming increasingly focused on protecting the interests of clients.
Due to the fact that the construction of a nuclear power plant in Poland is a recurring topic of public debate, current legislation, aided by obligations assumed at the level of the European Union and international law, generally deals with nuclear technology in a comprehensive manner.
An overview of the banking sector | The highlights the industry is talking about
It’s a good time to take stock and analyse what has changed, and what we can expect in the near future.
An inclusive organisation should first and foremost consider the individual and make them feel empowered and secure.
The introduction of family foundations into Polish law is a change that Polish businesses have been awaiting for many years.
We discuss price description requirements and different ways of displaying prices in online stores, depending on whether they are displayed in product search engines, on product cards or via a mobile app.
Biofuels may be attractive to industry at large, which – in order to meet the environmental objectives of its ESG policies – can thus increase the share of renewable fuels for its own production needs.
Here are some of the changes that will come into force on 1 August 2023.
The issue was targeted at Japan’s financial institutions and the funds to be raised will be earmarked for the BGK Aid Fund. This fund was established under a Polish statute to support Ukrainian citizens in connection with the ongoing war.
The deadlines for meeting transfer pricing obligations for 2022 are approaching.
The advertising of alcohol, especially spirits, is one of the most controversial areas of promotion on the internet.
The constant progress and technological revolution we are witnessing is changing our lives, presenting us with new perspectives and challenges.
After years of discussion and preparation, the EU’s unitary patent system is becoming a reality and is expected to start on 1 June 2023. This is a real revolution in patent protection in the European Union, as with the entry into force of the unitary system, the Unified Patent Court will also commence its activities.
On 26 April 2023, the Labour Chamber of the Supreme Court issued a resolution stating that the hearing of a civil case by a single judge in a court of second instance as allowed under the so-called Anti-Covid Act, restricts the right to a fair trial, as it is not necessary for the protection of public health, and will render the proceedings invalid.
In previous years (2021 and 2022), due to the COVID-19 pandemic, the deadlines for financial reporting were extended by regulations of the Minister of Finance.
An overview of the banking sector | The highlights the industry is talking about
Recommendations in 12 practice areas, 33 individual recognitions, numerous promotions and a host of glowing opinions, referrals and tributes. The results of this year’s The Legal 500 ranking have just been released, with many success stories to be proud of!
Time is money. Information is also money, and access to information can save a lot of time and costs. This is evident in every M&A transaction.
On 15 March this year, the Standing Committee of the Council of Ministers gave its favourable opinion on a bill concerning amendments to the VAT Act and certain other acts in connection with the introduction of a mandatory National e-Invoicing System (KSeF).
In FORBES Poland’s Best Law Firms 2023 directory, our team has once again been recognised in the Commercial Dispute Resolution category.
The judgment of the Supreme Court in case no. II NSNc 89/23 is important because it confirms that the existence of abusive clauses in a loan agreement does not automatically invalidate the entire agreement.
We advised Jansen’s shareholder on the structuring and execution of a management buyout.
ESG is one of the key areas around which we will build our corporate identity and competitive edge in the coming years.
Media law is one of our core areas of expertise. We advise the largest press publishers, radio and television broadcasters and digital platform operators.
On 6 April 2023, the (over a year-long) negotiations for the purchase of a majority stake in the club were concluded.
The dynamic development of technology makes the protection of trademarks, patents and utility models a business priority and a powerful source of competitive advantage for any business.
The turn of 2022 was the time when the promotion of alcoholic beverages on social media began to attract huge public interest.
In the current economic situation and with inflation constantly on the rise, companies are increasingly looking for external financing to maintain their business at its current level or to ensure continued growth.
On 4 April 2023, the Act of 9 March 2023 amending the Labour Code was published. The changes will come into force after 21 days, i.e. on 26 April 2023.
A look at the current situation in the financial sector shows that banks urgently need a number of systemic solutions.
In today’s edition of Puls Biznesu Jakub Krysa explains how the process of rebuilding Ukraine is going and to what extent Polish companies are involved.
The acquisition of part of Knight Frank’s business by Savills, on which we advised, has been nominated for this year’s CEE Deals of the Year Awards.
The legal market community is abuzz with the results of the latest edition of the Chambers Europe ranking, which have given us much to be pleased with this year, particularly in the areas of dispute resolution and technology.
The members of our arbitration team are recognised specialists in all standards of alternative dispute resolution.
On 8 March this year, the first reading was held of the bill amending the Value Added Tax Act and certain other acts – i.e. the so-called SLIM VAT 3 (print no. 3025).
We have been talking about the necessity of post-war reconstruction in Ukraine from the very beginning. And always concretely.
The SME Fund is a project supported by the European Commission and the European Union Intellectual Property Office (EUIPO). Applications can be submitted continuously until 8 December 2023.
An effective, sustainable, systemic and cost-optimised digital transformation is the dream of every company or organisation manager.
We are starting a new series of meetings for students with Piotr Kochański, Managing Partner and founder of the Firm.
The valuation of a company is the cornerstone of any M&A transaction. Naturally, sellers want to achieve the highest possible price, while buyers do not want to overpay.
From the outset, we have been committed to building an open working environment based on respect for different needs, individual potential and talents.
“Kochański & Partners Master Academy” is a comprehensive project designed to help young law students mature in their career choices, develop self-awareness and improve their leadership and teamwork skills.
Responsibilities and manner of describing ‘crossed-out’ prices in light of the Omnibus Directive.
Withholding tax (“WHT”) is applicable to taxable persons paying both PIT and CIT, and applies to monies paid to foreign entities.
Our thanks to the more than 150 Ukrainian companies who attended the meeting in our office or online. We stand by you!
Join us for a panel discussion where we will talk about real business case studies.
The legal battle between Hermès brand owner and artist Mason Rothschild, the creator of ‘MetaBirkin’ NFTs, has lasted more than a year. On 8 February, the Court ruled that the NFT version of the famous Birkin handbags infringed the rights of the Hermès fashion house.
On 13 October 2022, an amendment to the Commercial Companies Code came into force to regulate the method of calculating the term of office and the moment of expiry of the mandate of a limited liability company management board member appointed for a term of office exceeding one year.
Ukraine’s post-war reconstruction could cost up to USD 750 billion.
Banking: today and tomorrow | An overview of the banking sector | The highlights the industry is talking about
The peaceful resolution of disputes is undoubtedly one of the greatest and most versatile skills we can possess.
Trademark protection is nowadays one of the areas to which companies, operating in an environment of vigilant and fierce competition, should pay particular attention.
The seller’s representations and warranties (R&Ws) are one of the key elements of any M&A transaction.
Since the first days of the war, Japan has supported Ukraine on an inter-state level as one of its main allies in Asia. In the last eight years the assistance of Japan to Ukraine constituted over 7 billion USD, out of which 700 million USD were allocated in the last year.
The articles of association of a limited liability company or a joint-stock company cover corporate governance issues and mutual relations between shareholders. Sometimes, however, these are not detailed enough.
The lowest, minimum buffer level (2.5 p.p.) should apply to credits with a periodically fixed interest rate and should be appropriately higher for credits with a variable interest rate, said the KNF, softening its position due to the lower risk of rising interest rates.
Ukrainian business in the new reality – war brings challenges, victory brings opportunities
Shareholders who obstruct cooperation or do not fulfil their obligations may be excluded from company operations by an internal decision of the remaining shareholders, e.g. through the compulsory redemption of shares under Article 199 of the Commercial Companies Code.
We have been active in the international legal community for years, engaging in numerous initiatives and projects. This appointment fosters the creation of close relationships and will undoubtedly strengthen our position in the international arena. The international success of Kochański & Partners Agnieszka Chrzanowska, Partner and Head of our Media Sector, has been appointed Publications […]
We have followed the trend in trademark applications for NFT-related protection and the conclusions are clear: what started as a trickle has become a flood, with tycoons from virtually every industry jumping on the bandwagon.
As early as the end of April 2023, amended regulations on the energy performance of buildings will come into force, requiring owners of apartments or buildings to obtain a so-called energy passport.
For Polish companies, a dual listing brings prestige, money and opportunities for international growth. It is a chance to build global brands and achieve the best competitive position, but also to enhance liquidity and raise money for bold investments and necessary acquisitions.
In order to protect shareholders against defective resolutions being used in transactions, the Commercial Companies Code provides, in principle, for a closed list of legal instruments.
Marek Jeżewski has joined the select group of arbitration experts affiliated with the Vienna International Arbitral Centre (VIAC) and will be the Polish ambassador of this prestigious institution.
The imposition of restrictions on the transferability of shares and the introduction of relevant related procedures are among the most important issues to be negotiated prior to the conclusion of shareholders’ agreements.
With the beginning of 2023, let’s take a brief look at the major tax solutions that came into effect from 1st January.
Why is it worth seeking capital on foreign stock exchanges and in an international investor environment? The answer to this question is obvious to the companies that took part in the 2nd edition of our ‘Polish Tech Pitches to Private Capital – Recognizing ESG Impact’ conference.
We are a new member of the United Nations Global Compact, the world’s largest corporate sustainability initiative. This means that we not only advise and raise our clients’ awareness of environmental issues, the need for energy transition, human rights and corporate governance, but also that we ourselves apply sustainability best practices in our daily work.
Lawmakers should introduce EU rules, adapting their structure and terminology to national laws to enable their effective application.
Before embarking on any New Year’s resolutions, it is worth starting with a moment of reflection on the year gone by. In the EU, 2022 brought a number of new regulations in the new technology market, so let’s take a closer look at them. The following is our selection of the most important developments and legislative initiatives to emerge in 2022, which will significantly influence further international and national IP/IT regulations.
2023 will bring major changes to labour law. Among other things, new regulations on remote work and preventive employee sobriety checks are to come into force.
The downtime and supply constraints associated with the pandemic, followed by similar disruptions brought about by the war in Ukraine, with material price increases that have been building up for years, crowned by rampant inflation have all had a disastrous effect on the sector.
In 2022, the Commercial Companies Code has undergone significant changes, including the introduction of the so-called holding law laying down the principles of operation of groups of companies, which we wrote about in the ‘Controversial Amendment to the CCC’ article.
The year end is a good time for summaries, so let’s take a further look at the status of the Hermès brand case, how the litigation pending before the U.S. District Court for the Southern District of New York emerged, and examine recent decisions taken in this case to see what conclusions can be drawn for future brands entering the Metaverse.
On 5 January 2023, the long-awaited EU CSRD came into force, expanding reporting obligations on the impact which companies have on people and the environment.
The government is creating space for state authorities to evade accountability and is tightening enforcement procedures against independent media publishers.
