Expertise and analysis

The choice of the law applicable to the employment relationship
Thu, 09/20/2018 - 14:57
In employment relationship, like in any contractual relationship, the parties are entitled to choose the governing law of the contract (relationship). The choice of the law applicable to the contractual relationship, including the employment relationship, is possible even if the relationship is related to the law of only one country.
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Share premium - financing of a capital company without tax
Thu, 09/20/2018 - 15:00
It is possible to finance the activities of a capital company by a debt (the company take out a loan or a credit) or by an own capital (share capital, supplementary capital or reserve fund). An indirect form (only for limited liability companies) is the use of additional contributions characterized by both loan characteristics
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Indemnity in the case of expropriation of real estate encumbered with mortgage
Thu, 09/20/2018 - 15:02
The current practice of expropriating mortgages consists in the administrative body repay the mortgage and reduce the indemnity payable to the expropriated owner or perpetual user by the amount of liabilities paid. This solution can be considered incorrect
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Additional contribution to a limited liability company
Thu, 09/20/2018 - 15:14
There are two types of capital companies in the Polish legal system: a limited liability company and a joint-stock company. As a rule, capital companies operate on the basis of capital paid up by its partners (or sole shareholder) at their creation and assets acquired during their operations.
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The legal situation of the employer regarding the Guaranteed Employee Benefits Fund
Thu, 09/20/2018 - 15:15
The Guaranteed Employee Benefits Fund ("GEBF") serves to prevent the effects of employers insolvency in the area of employees’ property rights resulting from the employment relationship. On the one hand, it is an institution that serves employees in the event of employer's insolvency, on the other hand, it is a solution that involves certain financial burdens and effects for the employers.
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Reduction of share capital in a limited liability company
Thu, 09/20/2018 - 15:17
The reduction of the share capital of a limited liability company is a reverse process in relation to the increase in the share capital, which is one of the methods of financing its activity. In the practice of business transactions, the reduction of share capital is often a way to regain capital invested by shareholders, or a way for one or several existing partners to leave the company.
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Increasing the share capital of the limited liability company without changing the articles of association
Thu, 09/20/2018 - 15:19
Determining the amount of share capital of a limited liability company is one of the necessary elements of the company's articles of association. During the company’s operation, increasing the share capital of the company may take place either by changing the articles of association or without such a change.
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Allocation of the capital company’s profit
Thu, 09/20/2018 - 15:21
Each capital company has assets through which it conducts its business. These assets come not only from property components contributed to the company by shareholders (stockholders), but also from property developed by the company during its operations.
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Establishment of a collateral in the form of a financial pledge
Thu, 09/20/2018 - 15:30

The functioning of an entrepreneur on the financial services market is associated with the necessity to conclude contracts the subject of which is: the right to receive a given sum of money from the other party (including a refund of the financing granted), or to provide specifi

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Subscription warrant from the Code of Commercial Companies
Thu, 09/20/2018 - 15:31
The subscription warrant occurred in the Polish legal system in 2004 with the entry into force of the amendment to the Code of Commercial Companies. The existence of this legal structure is inextricably linked to the financing of joint-stock company or limited joint-stock partnerships using the increase of share capital of these companies
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