Milewska Legal

Artykuły: Daria Milewska

NDA (Non-Disclosure Agreement) – is it worth signing?

The NDA (Non-Disclosure Agreement), is an extremely popular business contract. It is designed to protect information of particular importance to a party (usually financial, business, commercial, technological). An NDA may be concluded either before, at the beginning of or during a business relationship. What are the characteristics of an NDA and when is it worth considering signing one?

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Leasing – basic information about leasing agreement

Nowadays we can observe a general interest of entrepreneurs in leasing as a form of financing investments – such as e.g. a car. What is leasing? How is it different from a lease? What is a financial leasing and what is an operating leasing?

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Total loss and partial loss – which insurance should be used to settle?

In the event of a road collision which resulted in a damage on your car, the most obvious way to repair the damage is to seek compensation from an insurance company. There are two possible ways to deal with this issue: if the other driver was the perpetrator of the damage, you are entitled to seek compensation under vehicle liability insurance (“OC insurance”). However if you entered into an own-damage vehicle insurance agreement (“AC insurance”), you are entitled to seek compensation from the insurance company regardless of whose fault the collision was. What should you take into consideration when making a decision? What are the differences in settlements under both of the insurance types?

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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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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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