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NEUE REGELUNGEN ZUR ERWEITERUNG DER KONTROLLE AUSLÄNDISCHER INVESTITIONEN AUF BESTIMMTE SEKTOREN (ZUR VORBEUGUNG “FEINDLICHER ÜBERNAHMEN” IM ZUSAMMENHANG MIT COVID-19).
Im Rahmen des sog. „Anti-Krisen-Schutzschildes 4.0” sind am 24. Juli 2020 neue Regelungen über die Kontrolle direkter ausländischer Investitionen in Kraft getreten. Mit den neuen Rechtsvorschriften wird die staatliche Kontrolle über M&A Transaktionen in manchen strategischen Wirtschaftssektoren erweitert.
international
WKB Legal Alert | New law expanding foreign investment controls
Poland adopted a new law on foreign direct investment controls as part of the so-called “Anti-Crisis Shield 4.0”. The law expands the State’s control over M&A transactions in some strategic sectors of the economy. These provisions came into force on 24 July 2020 and they seem to apply to ongoing transactions (those not closed before that date). On 21 July 2020 President of the Office of Competition and Consumer Protection (UOKiK, the authority responsible for application of the new measures) published guidelines concerning new rules on foreign direct investment. Even though the guidelines are not a binding source of law they show how the new measures will be interpreted and adopted.
WKB Legal Alert | Business during a pandemic Expert analyses on selected provisions of the 4.0 Anti-Crisis Shield Act
Our experts continue to monitor and analyse all new legislative proposals in Poland which can affect business during the pandemic. In connection with the adoption of amendments to the Anti-Crisis Shield framework 4.0 (24 June 2020), we present materials, including a set of analyses on the law as of 1 July 2020.
WKB Legal Alert | Impact of the COVID-19 epidemic on the credit sector – Shield 4.0
In connection with the coronavirus pandemic, the legislature has introduced a number of new regulations concerning loan market. We note the most important of them.
WKB Legal Alert | Shield 4.0 – employment law
Shield 4.0 was published in the Journal of Laws and the majority of its provisions came into force on 24 June 2020. In the legal alert, we present the most important solutions for employers introduced by this new special law.
WKB Legal Alert | Anti-Crisis Shield 4.0 – real estate
On 24 June 2020, a number of provisions of the Act of 19 June 2020 on subsidies to interest rates on bank loans granted to entrepreneurs affected by COVID-19 and on simplified procedures for the approval of an arrangement in connection with COVID-19 (“Shield 4.0”) entered into force. This Act introduces amendments to other acts. Below, we present the most important changes regarding real estate matters resulting from Shield 4.0 and its implementation:
WKB Legal Alert | What do lenders who offer credit holidays have to watch out for?
One of the solutions introduced by the Anti-Crisis Shield 4.0 is a, so-called, statutory credit holidays. Under these new provisions, credit institutions, in particular banks, are required to suspend the repayment of liabilities incurred by borrowers who have lost liquidity due to the coronavirus pandemic. Implementing these new solutions will undoubtedly be a challenge for lenders. When granting credit holidays, financial institutions need to ensure that the assistance reaches the right people, but also to provide consumers with reliable, truthful and complete information throughout the process. Failure to comply with these obligations may, in general, result in the initiation of proceedings regarding the infringement of consumer collective interests.
WKB Legal Alert | New powers granted to the President of the OCCP – access to information on taxpayers
Another "Anti-Crisis Shield" has come into force, extending the powers of the President of the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów; UOKiK; “OCCP”) regarding access to data held by tax offices and customs and tax offices. The details are presented in this legal alert.
WKB Legal Alert | New insurance obligations, rules for the participation of minors and penalty regulations – overview of the most important changes in respect of running medical experiments
As of 1 January 2021, changes in the regulations regarding medical experiments, introduced in amendments to the Medical Profession Act, will come into force. The amendments in question will not affect any medical experiments with respect to which a bioethics committee has already issued or will issue an opinion before 1 January 2021. Therefore, the changes discussed in more detail further will not apply to any proceedings for the submission of an opinion on a proposed medical experiment which is initiated and not completed before the above date.
international
WKB Legal Alert | CIT – update and commercial law significant changes in the taxation of partnerships starting on 1 January 2021
On 30 November 2020, the laws on corporate income tax (CIT) were published in the Polish Journal of Laws, introducing changes in the tax rules applicable to partnerships. As of 1 January 2021, limited partnerships will become CIT payers
WKB LEGAL ALERT | Amendment to the building law – crucial changes
The amendment to the Building law adopted by the Parliament by the act of 13 February 2020 was signed by the President of the Republic of Poland on 3 March 2020 and came into force on 19 September 2020 after a six-month vacatio legis period. The most important modifications introduced by the amendment are described in the legal alert.
international
WKB Legal Alert | CIT and Commercial Law – significant changes in the taxation of partnerships starting on 31 May 2021
On 30 September 2020, a draft act amending the laws on corporate income tax (CIT) was published, which will introduce changes in the tax rules applicable to partnerships. It is highly likely that limited partnerships will become CIT payers from the beginning of 2021. General partnerships may also be affected (i.e. they will become CIT payers) if they fail to meet the conditions specified in the new regulations.
international
LEGAL ALERT | KONZERNRECHT – SEIT LANGEM ANGEKÜNDIGTE NOVELLE DES POLNISCHEN GESELLSCHAFTSRECHTS
Am 5. August 2020 wurde die seit langem erwartete Gesetzesvorlage zur Novellierung des polnischen Gesetzbuches für Handelsgesellschaften veröffentlicht, mit der u.a. bisher unbekannte konzernrechtliche Regelungen erstmals den Weg in die polnische Rechtsordnung finden können.
international
WKB Legal Alert | Publication of draft amendments to the commercial companies code
On 5 August 2020, the Government Legislation Centre published the long awaited draft bill amending the Commercial Companies Code and certain other acts. The primary purpose of the proposed amendments is to introduce certain regulations from holdings law (the law on corporate groups) into the Polish law system, which will regulate relationships between parent companies and their subsidiaries such that the interests of all parties concerned are taken into account. Furthermore, the draft bill, as published, provides for a number of amendments strengthening supervisory boards by giving them tools allowing them to  exercise more effective corporate supervision. The bill also sanctions a duty of loyalty of members of a company’s governing bodies.
international
NEUE REGELUNGEN ZUR ERWEITERUNG DER KONTROLLE AUSLÄNDISCHER INVESTITIONEN AUF BESTIMMTE SEKTOREN (ZUR VORBEUGUNG “FEINDLICHER ÜBERNAHMEN” IM ZUSAMMENHANG MIT COVID-19).
Im Rahmen des sog. „Anti-Krisen-Schutzschildes 4.0” sind am 24. Juli 2020 neue Regelungen über die Kontrolle direkter ausländischer Investitionen in Kraft getreten. Mit den neuen Rechtsvorschriften wird die staatliche Kontrolle über M&A Transaktionen in manchen strategischen Wirtschaftssektoren erweitert.
international
WKB Legal Alert | New law expanding foreign investment controls
Poland adopted a new law on foreign direct investment controls as part of the so-called “Anti-Crisis Shield 4.0”. The law expands the State’s control over M&A transactions in some strategic sectors of the economy. These provisions came into force on 24 July 2020 and they seem to apply to ongoing transactions (those not closed before that date). On 21 July 2020 President of the Office of Competition and Consumer Protection (UOKiK, the authority responsible for application of the new measures) published guidelines concerning new rules on foreign direct investment. Even though the guidelines are not a binding source of law they show how the new measures will be interpreted and adopted.
Agnieszka Chwiałkowska, Dorota Karczewska and Łukasz Czekański join the 19 partners of WKB law firm
We are pleased to announce, that with the beginning of the New Year, Agnieszka Chwiałkowska (Public Procurement), Dorota Karczewska (Competition and Consumer Law) and Łukasz Czekański (Tax Law, State Aid & EU Funds), who previously served as counsels to WKB law firm, have become partners.
WKB Legal Alert | New insurance obligations, rules for the participation of minors and penalty regulations – overview of the most important changes in respect of running medical experiments
As of 1 January 2021, changes in the regulations regarding medical experiments, introduced in amendments to the Medical Profession Act, will come into force. The amendments in question will not affect any medical experiments with respect to which a bioethics committee has already issued or will issue an opinion before 1 January 2021. Therefore, the changes discussed in more detail further will not apply to any proceedings for the submission of an opinion on a proposed medical experiment which is initiated and not completed before the above date.
WKB advised Nowe Jaworzno Grupa TAURON during the construction of a power unit in Jaworzno
WKB lawyers provided legal services to Nowe Jaworzno Grupa TAURON in connection with the implementation of one of the biggest infrastructure investments in Poland, the construction of a generation unit in Jaworzno. The state-of-the-art 910 MW unit is the most modern unit of its type in Poland and is a vital element of the energy market, with its installations meeting the most stringent environmental standards.
international
WKB Legal Alert | CIT – update and commercial law significant changes in the taxation of partnerships starting on 1 January 2021
On 30 November 2020, the laws on corporate income tax (CIT) were published in the Polish Journal of Laws, introducing changes in the tax rules applicable to partnerships. As of 1 January 2021, limited partnerships will become CIT payers
international
WKB advised PineBridge Investments on obtaining clearance from the Polish competition authority for the acquisition of Benson Elliot Capital Management
PineBridge Investments was represented before UOKiK by WKB competition team including Aleksander Stawicki, Wojciech Kulczyk and Anna Bryńska.  
Dr hab. Jakub Pokrzywniak co-authored the chapter on insurance contracts in a publication titled “Prawo umów handlowych” (Commercial contract law)
The author thoroughly discusses all aspects of the insurance guarantee, from explanation of the very definition and function of the guarantee, to discussion of legal regulations related to this type of contract, to the issues of payments and claims.
WKB advised Oji Holdings Corporation in obtaining clearance from the Polish competition authority for the acquisition of Japan Brazil Paper and Pulp Resources Development Co. Ltd.
WKB competition team represented Oji Holdings Corporation in proceedings before UOKiK regarding clearance for the acquisition of control over a paper product manufacturer based in Brazil.
Infrastructure construction will determine the pace of the Polish electromobility market – an article authored by Jakub Pokrzywniak
One of the main factors that is very important in the development of electromobility in Poland is the construction of infrastructure allowing for charging electric vehicles. What are the legislator's requirements, what the procedure looks like and who is an important link in this process, you can read in the article published in Executive Magazine
Dr hab. Jakub Pokrzywniak co-authored the chapter on insurance contracts in a publication titled “Prawo umów handlowych” (Commercial contract law)
The author thoroughly discusses all aspects of the insurance guarantee, from explanation of the very definition and function of the guarantee, to discussion of legal regulations related to this type of contract, to the issues of payments and claims.
Infrastructure construction will determine the pace of the Polish electromobility market – an article authored by Jakub Pokrzywniak
One of the main factors that is very important in the development of electromobility in Poland is the construction of infrastructure allowing for charging electric vehicles. What are the legislator's requirements, what the procedure looks like and who is an important link in this process, you can read in the article published in Executive Magazine
international
The Commentary to the Act on electromobility and alternative fuels, co-authored by WKB’s experts, has been published
Experts from WKB’s energy, public procurement and environmental protection practices have co-authored the commentary published by C.H. Beck.
Force majeure will not automatically exempt one from liability for breach of contract – article by Marta Midloch
The issue of force majeure is presented by Marta Midloch in an article in Executive Magazine.
international
Jarosław Kola among the co-authors of the publication “Public Procurement Regulation in Africa: Development in Uncertain Times”
In June 2020, Lexis Nexis (South Africa) published the publication titled "Public Procurement Regulation in Africa: Development in Uncertain Times", with contributions from an international team of academics specialising in public procurement law and edited by Prof. Geo Quinot and Prof. Sope Williams-Elegbe from Stellenbosch University in Cape Town.
Jarosław Kola is a co-author of publication ‘Innovative technologies in health care. Legal aspects’
The authors address the issue of implementing new technologies in various fields of broadly understood health care. Dr Jarosław Kola is the author of the chapter on public procurement for innovative medical technologies.
Anna Wyrzykowska authored The Real Estate Guide Poland
Anna Wyrzykowska has authored the chapter on Polish regulations regarding the real estate market in „The Real Estate Guide Poland”, prepared by MultiLaw International.
international
Jakub Pokrzywniak co-authored the monograph “Urban Electromobility in the Context of Industry 4.0”
As one of the reviewers writes, "The authors combine with great expertise the issues of economic (economic efficiency of transport), logistics (city logistics) and related to new management in the context of the concept of industry 4.0.".