Milewska Legal

Success rests
in understanding

I have been providing legal assistance for entrepreneurs for many years. I know that preventing incorrect legal decisions is better than any attempt to cure them afterwards. I am ready to make the agreement your are willing to sign or a company you are planning to establish successful. In legal and business field. Out law firm is situated in Warsaw, but we provide legal services to entrepreneurs from all over the world.

Contact

Scope of services

The newly-established enterprises do not operate only in IT field. They also run design workshops, natural cosmetics’ manufactures or online shops. Regardless of the branch of my client and the stage of their business, I am always glad to explain all troubling issues, guide my client’s activity to correct paths, encourage him to take certain measures and sometimes also cool their ideas if their implementation could expose them to negative consequences.

Negotiations with clients, development of the brand on new markets, problems with effective recovery, structural changes in the company – these are the most frequent reasons for small and medium enterprises to search for legal assistance. I am glad to advise and assist the entrepreneurs throughout the course of their business activity.

Associations and foundations which operate currently in Poland are rarely classical non-profit organizations. More frequently, they act “non for profit” and their business activity is a way to earn funds for their statutory purposes. Once the non-profit performance and the business activity exist together, legal assistance quite often turns out to be necessary.

The leasing contract, although very popular among entrepreneurs, can still cause several problems. A leasing contract, like a rental contract, allows you to use cars or machines without having to commit significant amount of money to buy them. However, it differs a lot from a rental agreement. The law firm advises clients on the choice of the best legal form of use of vehicles and machinery from the point of view of their business activity, and also supports them in disputes with leasing companies and insurance companies (motor insurance).

For many years I have been providing legal services for French-speaking clients who begin their business activity in Poland. I have also worked with Polish entrepreneurs whose clients have their registered office in one of the French-speaking countries. The peculiarity of these regions and French culture makes the French-speaking customers keen on working with French-speaking lawyers. Such clients often expect that contracts, minutes or requests will be drafted in bilingual or French version.

About us

Law firm MILEWSKA Legal has been founded in January 2019, as an original project of attorney Daria Milewska – a lawyer with more than 10 years of experience in providing of legal services and supporting entrepreneurs, including but not limited to foreign entrepreneurs who are commencing or developing their businesses.

Law firm MILEWSKA Legal successfully supports its clients in commencing a business in Poland (setting up companies and partnerships, setting up branches of foreign companies and partnerships), as well as in developing of them (analysis and preparation of agreements with contractors and with employees, and also conducting negotiations of commercial contracts).

Team

MILEWSKA Legal team is composed of young lawyers who combine their passion for business and economic law with a real passion for foreign languages. The combination of high technical, business and language skills allows our lawyers to provide comprehensive legal services to entrepreneurs from all over the world, who, for various reasons, invest their capital in Poland.

Blog

ABC of an entrepreneur

Even during execution of some standard legal activities, entrepreneurs may encounter hurdles and traps. It is important to familiarize with them in advance to avoid exposing one’s business to risk. On my blog I am trying to clarify unobvious legal issues related to company law, labor and civil matters or insolvency of companies.

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Fixed-term employment contract in Poland – legal limitations

Fixed-term employment contract is a tool commonly used to establish an employment relationship. However, where does the freedom and flexibility of this type of agreement end and its limitations begin?

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Legal status of a Limited Liability Company (LLC) in Poland

The Polish Limited Liability Company (in Polish: spółka z ograniczoną odpowiedzialnością; sp. z o.o.) is the most common form of establishing a company in Poland. The LLC is frequently chosen by small entrepreneurs as well as by large international groups, both Polish and foreigners.

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Declaration of insolvency of a limited liability company – does it really protect a member of the management board?

People generally believe that submitting a bankruptcy petition of a limited liability company and declaring it insolvent by the court enables the management board to rest assured. This belief originates from focusing only on the content of art. 299 of Polish Commercial Companies Code (hereinafter: CCC), without the correct analysis of the bankruptcy law provisions. However, in reality, even after declaring the company bankrupt, the assets of members of the management board might not be protected. Why does it happen?

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Risk of conversion of a B2B contract into an Employment Agreement

Employers take varied measures in order to mitigate costs of employment and eliminate a part of their responsibilities. Some of them, instead of classic employment contract, conclude so-called B2B agreements with job applicants. Others decide to change the method of “employment” after it commences – they decide to change from employment contract to B2B contract. However, concluding B2B contracts can result in some particular kind of risk.

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Do foreigners have the right to set up and carry out a business in Poland?

Foreigners who are temporary or permanent residents of Poland often reach out to us with questions concerning freedom of setting out a business in Poland (in a form of a company, a partnership or a sole tradership). Our most frequent response is typical for a lawyer – that the answer to this question depends on specific situation.
Citizenship of a foreigner is the essential point in determining whether and in which form a they can carry out a business in Poland.

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Non-competition clause in civil law agreements

The non-competition clause is widely applied to employment agreements (both during their term and, above all, after termination of employment). The non-competition clause after the termination of the employment agreement is strictly linked with the obligation of paying the employee a compensation for refraining from competitive activity in the amount of at least 25% of his salary. This minimum level of employee protection is guaranteed by the Labour Code.

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Recommendations

“What differentiates Milewska Legal’s services is that they become an extension of the management team and the board of directors. They truly understand commercial objectives before advising on the best course of action; locally and internationally. Led by the multi-skilled, multi-lingual and multi-disciplined Daria Milewska, the firm’s deep understanding of national company matters and their impact on our multi-national corporation have made them our team of choice when seeking advice in relation to Polish and European law. It is a continued pleasure to deal with Daria and her proactive firm.”

Sky and Space Company Limited & Sky and Space sp. z o.o.

Xavier Kris

„Obszar systemów IT, w jakim działamy, wymaga specjalistycznej wiedzy, elastycznego podejścia i umiejętności skutecznego negocjowania zapisów kontraktów/regulaminów. Kancelaria Milewska Legal na tym polu zdała perfekcyjnie egzamin i możemy ją polecić jako profesjonalnego partnera w biznesie”.

Business Online Services sp. z o.o.

Stanisław Klunder – Prezes Zarządu

« J’ai le plaisir de travailler régulièrement avec Me Daria Milewska sur des dossiers franco-polonais. Daria est un partenaire incontournable pour notre cabinet en matière du droit des affaires et droit financier et bancaire pour nos clients français qui ont des litiges en Pologne. Elle est une avocate brillante, disponible et efficace qui gère parfaitement les problématiques multinationales. Je recommande fortement l’expertise du cabinet Milewska Legal. »

avocat Barreau de Paris et barreau de Sofia

„Adwokat Daria Milewska wspiera działania Fundacji od kilku lat. Zawsze możemy liczyć na jej życzliwość, przychylność naszym działaniom oraz profesjonalizm. To dzięki m.in. adwokat Darii Milewskiej na stronie www.mamopracuj.pl pojawiają się nowe, merytoryczne teksty prawne, a stare są na bieżąco aktualizowane.”

Fundacja Mamopracuj

Ewa Moskalik-Pieper

„Korzystamy z usług Milewska LEGAL od ponad 5 lat i jesteśmy bardzo zadowoleni ze współpracy i poziomu, jaki reprezentuje kancelaria. Wszystkie sprawy są podejmowane niezwłocznie, a czas reakcji jest natychmiastowy. Polecam wszystkim firmom, które szukają profesjonalnej i merytorycznej obsługi prawnej.”

Milbor sp. z o.o.

Pamela Rusin – Marketing Coordinator

« Ma Consoeur Daria MILEWSKA est une Avocate talentueuse, excellente juriste et polyglotte. Nos années de collaboration nous ont montré à quel point les clients pouvaient compter sur elle, sa recherche de la perfection, et assurément sur ses succès dans les négociations et les contentieux. L’une des étoiles montantes du milieu franco-polonais. »

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