K&P Archives - 2024

We are a 2024 Business Gazelle

1

In our special 25th anniversary year in business, we were among the winners, in recognition of our financial results and the increases in our finances generated between 2021 and 2023.

Łukasz Młynarkiewicz, PhD – new Partner in the Infrastructure, Energy, Environment and ESG Practice Group and Head of the Nuclear Energy Practice

Łukasz knows the Polish Energy Industry inside out, and is also familiar with Infrastructure and Environmental issues. As a former manager of important industry institutions and companies, he has unique professional experience, which he uses in his academic work and in the management of international, expert industry organizations.

2024 from the Ukrainian Desk

Ukraine Investing En

The third year of the war is also the third year that our Ukrainian Desk has been working to support the Ukrainian economy and strengthen Polish-Ukrainian relations. The cornerstones of this work are balance and dynamism. We create solutions that build not only our clients’ businesses, but also lasting bridges of understanding and foundations for future post-war reconstruction.

Withholding tax – Minister of Finance’s general tax rulings and companies’ doubts

Tax Focus En

November saw the issue of two important general rulings on withholding tax. The first concerns certain conditions for dividend exemptions and the second, conditions for interest and royalties. In addition, some notable tax clarifications are expected to appear by the end of the year. We take a closer look at the Ministry’s general rulings and their possible implications.

Energy summary 2024

Energy En

It has been a busy year in the field of energy and climate change, so it is worth briefly summarising all the changes that will be relevant to businesses operating in these areas.

What has changed in labour law in 2024?

Labour

2024 has brought significant changes to employment law. Some of these are already in force, while others will not become effective until after the New Year. These changes are the Polish legislator’s response to what is happening in the EU labour market and are aimed at protecting the health of employees, improving working conditions and supporting entrepreneurs. Let’s take a look at the most relevant ones.

Eco Focus #5

Deforestation En

The EU has adopted new dates for the application of the European Union Deforestation Regulation (EUDR). Companies now have one year to bring their supply chains into compliance.

Eco Focus #4

1

Milena Kazanowska-Kędzierska and Aleksandra Pinkas look at how Polish companies are preparing for the implementation of the European Union Deforestation Regulation (EUDR), which aims to counteract the ongoing degradation of forests.

Increase in the minimum wage

Labour En

On 12 September 2024, following negotiations in the Social Dialogue Council, the Council of Ministers adopted the Ordinance on the minimum wage and the minimum hourly rate for 2025.

Eco Focus #3

Eco En (2)

Milena Kazanowska-Kędzierska dispels doubts about EU deforestation regulation.

The sanction of free credit

Team Banery

There are already around 10,000 cases before the Polish courts in which borrowers claim that banks have violated the Consumer Credit Act. As a result of these lawsuits, the sanction of free credit could be applied.

Internationalisation is the key to global business development

5

3 October 2024 was very intense for us, as together with Altios and other advisors and business partners, including the ICAN Institute, we hosted another edition of the INTERNATIONAL CLUB event – International Business Meetings, which this time was held at the Sound Garden Hotel in Warsaw.

Eco Focus #2

4

Milena Kazanowska-Kędzierska answers questions about the EU Deforestation Regulation (EUDR), this time focusing on the consequences for non-compliant companies and the monitoring system.

Real Estate & Construction working group meeting for Q4 2024

Real Estate En

We invite you together with the British-Polish Chamber of Commerce to the Real Estate & Construction working group meeting, where representatives of the real estate industry will exchange experiences on the state and future of the real estate market.

The Accessibility Act to be implemented already in 2025

Dostepnosc En

By improving access to mainstream products and services, the regulation aims to promote the full and effective participation in society of persons with disabilities and those who experience functional limitations.

Corporate governance is one of the three pillars of ESG

Corporate En

When implementing ESG, we should keep all elements in mind. After all, in addition to environmental (E) and social (S) issues, it is also crucial to fine-tune the way a company is governed – the ‘G’.

Eco Focus #1

Eco En

All you need to know about the EU Deforestation Regulation (EUDR) in questions from companies and answers from Milena Kazanowska-Kędzierska, who examines the state of Polish businesses’ preparation for the new regulations on production based on the use of cattle, cocoa, coffee, oil palm, rubber, soya and wood… That is, activities causing deforestation.

ISNL Reunion

Eventy Banery   68

On 4 November 2024, we will have the opportunity to meet again and catch up with friends from all the ISNL programme editions to date!

The role of AI in biodiversity conservation

Green Energy En

Recent UN research[1] indicates that human activities have resulted in the emergence of 37,000 alien species, 3,500 of which are invasive, with negative impacts costing the economy more than USD 400 billion.

IBA 2024 in Mexico: new perspectives in the legal world

Iba En

This year’s International Bar Association conference in Mexico was unique. Not only because of the tropical location where it was held, but especially because of the topics that heated up the discussions and the participants.

Platform work as a new form of employment

Prawo Pracy Eng

European officials are preparing a directive on platform work. The new rules aim to improve the working conditions and social rights of people working in this unusual form of employment.

Ratings | EcoVadis 2024 – Silver medal for the second year running

2

We’ve done it. For the second time, we have won an EcoVadis silver medal for sustainability performance. This means that we’ve achieved a difficult and demanding task – not only have we maintained a high level of performance and again been among the best of the thousands of companies and institutions around the world that […]

Peak season for tax inspections

71

In an era of ubiquitous tax compliance inspections, the implementation of an appropriate oversight framework appears to be critical to the safe operation of a business.

Social Security Holiday

9

On 7 June, the Amendment to the Social Security System Act was signed by the President. This means that a large number of businesses will soon benefit from favourable changes to the payment of social security contributions.

We check in with the KALYNA Foundation scholarship holders

3

For almost six years, since the establishment of KALYNA, the Polish-Ukrainian-Canadian Scholarship Foundation, we have been a partner and patron of this small but highly effective organisation, which supports scholars and artists dealing with the difficult question of Polish-Ukrainian relations, and assists in providing opportunities to study in Poland for the children of Ukrainian soldiers, killed or seriously injured in the defence of their homeland.

Whistleblower bill back in the Sejm

1

On 23 May, the Sejm (the lower house of the Polish Parliament) passed a bill on the protection of whistleblowers. We summarise what has changed from the previous versions, what needs special attention and what amendments the Senate has made.

2nd Annual Baltic Sea Region Real Estate Awards for the Best Law Firm

1

On 23 May, Sopot became the Baltic capital of the real estate industry. This was the day of the Baltic Investment Forum conference, which culminated in the 2nd Annual Baltic Sea Region Real Estate Awards gala. This year the jury focused on excellence, innovation and the courage to break new ground, as well as experience […]

Artificial Intelligence in Poland in 2024

1

For those interested in the legal aspects of artificial intelligence and wanting to know exactly what awaits the Polish technology market in the near future.

New highs in the IP Stars ranking

Team Banery   7

We now know the results of the first part of this year’s IP Stars 2024 ranking in the Trademark disputes and Trademark prosecution categories, and we know which firms have been recognised as providing the most effective support in these areas.

Belka tax cut and what this means for companies

3

The Minister of Finance has announced a plan to reduce the Belka tax, to come into effect on 1 January 2025. And although he has said that the groundwork is already being laid, he has not yet revealed all the details of the proposed changes.

Liability of management board members

3

The liability of management board members is a complex and multifaceted issue. It is therefore worth taking a closer look at these issues, especially in light of recent developments.

Effectively managing collective redundancies

7

The labour market is seeing an increased number of collective redundancies. We check what rules govern collective redundancies and what obligations must be fulfilled in order to carry them out effectively.

SME Fund – Tomasz Szambelan accredited IP Scan provider

9

Tomasz Szambelan has been included in the list of accredited IP Scan providers maintained by the Polish Patent Office. The IP Scan service is part of the grant scheme for the filing of trade marks, designs and inventions from the European SME Fund.

New rules for setting fines for businesses by the President of UOKiK

UOKiK

At the beginning of April 2024, the President of the Office of Competition and Consumer Protection (UOKiK) published new clarifications on the determination of the amount of fines in cases related to the conclusion of agreements restrictive of competition and the abuse of dominant position.

Polish Bank Association’s Banking Forum 2024

ZBP

The Banking Forum is one of the most important annual events in the industry, and cannot be missed by representatives of top management and executives of Polish and international financial institutions.

Gross violation of the bank’s rights of defence

Banki

Superficial and common judicial views on the so-called ‘CHF loan cases’ do not justify the conduct of civil proceedings in violation of the bank’s rights of defence, as the court of second instance has ruled.

Does Poland need nuclear energy?

1

The debate on nuclear energy is one of the hottest topics currently attracting the attention of the public, energy transition experts and representatives of the scientific, political and business communities.

Dividend advances

9

Limited liability companies often exercise the option to pay dividend advances.

We have been recognised in Media Law International 2024

1

Another accolade in the Media Law International ranking and a consistently high position confirms that our work on behalf of journalists and leading TV and radio publishers is not only effective, but also recognised and valued by the market.

Don’t miss CRBR notification and update deadlines

9

The Anti-Money Laundering and Counter-Terrorism Financing Act (Act) requires the notification and updating of information on the beneficial owners of partnerships and companies (and other entities referred to in Article 58 of the Act) to the Central Register of Beneficial Owners (CRBR).

We now know the results of Chambers Europe 2024

15

Following the announcement of the Chambers Global 2024 recommendations, which this year brought us fantastic news, the results of Chambers Europe 2024 have now been announced.

What’s the price of this company? A word on M&A valuations

14

Money is King. This is especially true in M&A transactions, which are primarily ‘for the money’. In this context, the valuation of a company being sold, i.e. the way of setting the share price and any post-purchase adjustments, is crucial.

Another version of the whistleblower bill is now before the Sejm

26

On 26 February, another bill on the protection of whistleblowers was submitted to the Sejm under a new title: the “Whistleblowers Act”. The bill is intended to implement Directive 2019/1937 of the European Parliament and of the Council (EU) of 23 October 2019.

How Public-Private Partnerships (PPPs) can boost the economy

Eng

PPPs can be a model of cooperation and allocation of public and private resources that will revitalise the market for infrastructure projects and provide an answer to the problem of access to finance for the public sector, especially local authorities.

When will the new e-service arrangements come into force

Korpo Eng

According to the current wording of the Electronic Service Act of 18 November 2020, and the Communication of the Minister of Digital Affairs of 29 May 2023, the implementation of the National e-Service System was originally scheduled to cover the first category of obligated entities from 10 December 2023.

New forms of a cross-border division present an opportunity for technology transfers in the New Tech sector

17

There is no doubt that the New Tech sector is currently booming, including in the area of mergers and acquisitions (M&As). The recent amendment to the Companies & Partnerships Code has introduced a new form of division, i.e. a division by separation (known as a spin-off), and has regulated the cross-border division process. Let’s look at how these changes will affect existing technology transfer practices.