Licence vs. Transfer of Copyright – what is the difference

In the practice of law firms, agreements concerning the use of clients’ creative works (such as advertising films, marketing slogans, or mobile or web applications) are becoming increasingly common. The main issue in each case is determining how and to what extent the creator of these slogans, films, or applications allows others to use them.

Termination of cooperation under a B2B agreement

The term ‘B2B contract’ is extremely broad. It basically means business-to-business cooperation, i.e. cooperation between two entrepreneurs (whether a company or a sole trader). In legal terms, a ‘B2B contract’ can cover both a contract of performance (service contract) and a contract of result (e.g. a contract for specific work). Depending on the nature of the obligation, there will be different possibilities for the termination of the contract.

Statutory non-competition of a board member of an LLC

Entering into non-competition agreements is extremely popular nowadays. However, not everyone knows that a board member of an LLC in Poland does not have to sign such an agreement at all in order to be bound by a non-compete with the company. This is because the prohibition of competition for members of the management board of an LLC in Poland derives directly from Article 211 of the Commercial Companies Code (CCC) and is a so-called statutory prohibition.

Termination of a fixed-term employment contract

The defining feature of a fixed-term employment contract is its term nature. Thus, already in the contract the parties specify the date of both the beginning and end of the employment relationship. After a certain period of time, the contract is self-terminating, without the need for either party to terminate it. As a rule, therefore, the intention of the parties should be to engage the employee for a strictly defined period of time, without the possibility of early termination.

Management Board in a limited liability company

Every limited liability company (sp. z o.o.) in Poland must have a body authorized to represent and manage it. This body is the management board (zarząd). Holding the position of a management board member entails significant responsibility borne by each person in that role.

Simplified share capital increase – is it always possible?

Simplified share capital increase – what is it about?

It has almost become a standard nowadays to introduce into the articles of association of a limited liability company a provision on the possibility of increasing the company’s share capital to the value specified in the agreement within a certain period of time, without the need to amend the agreement (so-called simplified share capital increase). This provision is practical insofar as, in the event of a need to quickly recapitalize the company, it is possible for shareholders to pass a resolution to increase the share capital without the need to involve a notary public in the entire process. However, this popular element of the articles of association may not always be used in practice, and sometimes shareholders, despite unanimous agreement on the need for a share capital increase, must resort to the traditional solution, i.e. a capital increase by amending the articles of association.