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What should you know?

Reprivatisation in Poland not until 2012?

It is still unsure when the act on reprivatisation will take effect, although according to Polish ministers' opinions, it has already been drafted. Nevertheless, according to the government, there is still a shortage of funds required to realize the act's provisions, so the owners of seized assets will probably be forced to wait until 2012. We would like to remind you that the act shall guarantee an easier method of claim assertion - at present it is possible only through legal action at court.

Recovery of real estate is not the acquisition

Retrieval of property rights, which is of a restitutional nature, is not identical to acquisition of ownership. The difference significantly affects legal and assets position of former owners. They are authorised to sell their real estate immediately and shall not be subject to income tax charges arising therefrom.

Appeals in the act on reprivatisation

There have been numerous appeals for precipitating the process of implementing the act on reprivatisation, made not only by former owners, but also by local government authorities, the current holders of assets which have been claimed by their former owners. Communal administration offices concerned with this issue are afraid to invest in the assets due to its uncertain status. They are also forced to bear extensive costs of court procedures.

The news concerning the act on citizenship

According to the new project of the legal act on Polish citizenship, it will be possible to reinstate the citizenship to those who lost it or renounced it. In this procedure, the decision will be made by the Minister of Internal Affairs. New institution, however, will not concern people who ''acted to the detriment of Poland''.

For ''March emigrants''

According to the decision of Supreme Administrative Court, the act of Polish Council of State no. 5/58 did not constitute a permission to change Polish resulting in the loss of Polish citizenship , referred to in art. 13 of the act of February 12, 1962 on Polish citizenship towards persons who submitted applications for the change of Polish citizenship after the act was passed.

CORPORATE AND LEGAL BODIES SERVICES

CK and Partners provides extensive service of entrepreneurs in the scope of their business activity, Within the range of our legal assistance, we especially offer:

Company law

With reference to the cases from the scope of company law, we provide the following services:

  • regular legal services for companies;
  • establishing and liquidation of commercial companies;
  • registration proceedings of partnerships/companies before the court;
  • preparing drafts of modifications in companies' contracts and articles of association;

Mergers, transformations, division of companies

  • preparing the projects of merger, transformation or division of company;
  • providing services in negotiations concerning mergers, transformations or divisions;
  • preparing defensive strategies in case of hostile takeovers;
  • analysis of legal, taxation and accounting consequences of mergers, transformations or divisions;

Debt recovery

The company conducts debt collection proceedings including:

  • conciliation, leading to written agreement, notary agreement, agreement with submission for execution;
  • conciliatory proceedings, leading to an agreement reached in a low-cost, quick and informal litigation proceedings before the court;
  • litigation proceedings, consisting of representing the client in small claims track, proceedings by writ of payment, and ordinary proceedings;
  • proceedings to secure claims, aiming at securing the assets of a debtor before the conclusion of litigation proceedings;
  • enforcement proceedings, involving preparation of  motion for initiating enforcement proceedings and participation in enforcement proceedings;

Legal assistance for entrepreneurs

Within the scope of services for entrepreneurs, CK and Partners Law Office provides principally the following services:

  • regular legal service for entrepreneurs;
  • providing advice on choosing an appropriate form of setting up and running business activity;
  • registering, making changes, transformations and striking off the National Court Register of companies;
  • representing in court in civil, commercial, administrative and labour law cases;
  • representing a debtor in enforcement proceedings;
  • drafting documents and handling correspondence on behalf of the client with other business entities and institutions;
  • drafting legal opinions;
  • drafting and providing opinion on civil contracts;
  • advisory services concerning the security for receivables;
  • filing for liquidation of companies;

Building law

The company’s offer in this field includes:

  • advice on simple and complex projects;
  • security for transactions and analysis of any claims arising from contracts and claiming damages in court litigation proceedings;
  • legal services for developers and construction entrepreneurs, also in administrative proceedings concerning decisions about construction permits and others connected with investment process

Permanent legal representation

The contract for permanent legal representation provides the client with more attractive conditions of using legal assistance. Simultaneously, it allows to optimize the cost of required legal services and to adapt the speed of the provision to the needs of a given entrepreneur.

Remuneration for providing permanent legal representation of a company is fixed either on a flat rate basis for a given period of time, or according to hour-rates.