Legal news

In accordance with the resolution of the Supreme Court of May 7, 2009, a member of a two-person management board of a limited liability company in which the principle of joint representation is effective, may solely submit a complaint on behalf of the bankrupt against the decision on declaration of bankruptcy issued upon the motion submitted on behalf of the company solely by the other member of the management board.


On May 2, 2009, new provisions amending the Bankruptcy and Reorganization Law came into force which introduced a new definition of an insolvent debtor.


On May 2, 2009, new provisions amending the Bankruptcy and Reorganization Law came into force.


Senat is working on an amendment to the Act on Employees’ Councils.


As a result of the amendment to the Act on Accountancy (Journal of Laws of April 17, 2008 no. 63 item 393), members of the Supervisory Board have been included into a group of entities responsible for the financial statement of the company.


At the end of April, the Parliament adopted amendments referring to the construction law and passed on the draft amendment to the president for signature.


The European Parliament has adopted a Council’s regulation which decreases roaming prices for voice connections and for SMS messages within the territory of the EU.


Trade unions and employers’ organizations have begun consultations concerning a number of issues connected to Labor Law, including: set-term labor contracts being definite for  no longer than three years; the Labor Fund earmarking 0.5 billion zlotys for trainings and grants for the employees threatened with dismissal; the matter of whether remuneration for managers of state-owned companies is to be decided by their supervisory boards or general assembly of shareholders.


In accordance with the latest judgment of the Polish Supreme Court, a business trip involving constant movement from one place to another in order to perform work duties should be included in work hours.


On April 21, 2009 into force came a regulation of the Council of Ministers of March 16, 2009 amending the regulation of the Council of Minister of September 14, 2004 on manner and procedure of conducting tenders and on negotiations concerning sales of real estate (Journal of Laws no. 55, item 450).


On April 16, 2009 an amendment to the Law on National Court Register came into force.


On April 4, 2009, a new regulation from the Ministry of Justice came into force. The regulation, dated March 10, 2009, concerns sales of property in the Pledge Registry by way of public tenders. It stipulates the place, conditions, manner and costs of the conduct of such sale


An April 2, 2009 amendment to the law on Polish Citizenship changes the rules concerning the acquisition of Polish citizenship and introduces a new procedure, namely the restitution of Polish citizenship. The new regulations also abolish the obligation to renounce former citizenship by the person intending to acquire Polish citizenship.


The Ministry of Economy is working on a draft of act on decreasing barriers on conducting business activity. One of the acts amended within the scope of this draft will be the Act on Upbringing in Sobriety and Counteracting Alcoholism.


The Ministry of Finance has initiated a new system for submitting annual tax declarations by natural persons via the internet.


On June 18, 2009, an amendment to the Act on Insurance Activity comes into force. The changes aim to implement European Parliament and Council directive no. 2005/68/EC of November 16, 2005, on reinsurance.


A draft amendment to inheritance law has been submitted to the Ministry of Justice as proposed by Fundacja Centrum Naukowe Notariatu [Notaryship Academic Centre Fund], which is patronized by the National Council of Notaries.


On March 31, 2009 new provisions of the Act on Evidence and Identification of Taxpayers and Tax Withholders came into force.


An amendment to the Tax Ordinance and to the Act on Stamp Duty included in the Act of  March 5, 2009, enables tax declarations, including those submitted electronically, to be signed by a taxpayer’s, tax withholder’s or collector’s proxy.


On March 31, 2009, provisions will come into force which amend the Act on Freedom of Economic Activity with respect to, among other things, the suspension of economic activity.

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