On 28 October 2020, the Supreme Court’s Emergency Control and Public Matters Chamber acknowledged an emergency complaint lodged by the Prosecutor General and revoked an order for payment issued against a consumer under a blank promissory note securing repayment of a bank loan. The Supreme Court ruled that the order for payment, issued by the District Court in the payment order proceedings, violates constitutional consumer protection (Article 76 of the Constitution) and fails to protect…

On September 19, 2020, most provisions of an extensive amendment to the Construction Law took effect. The amendment introduces very important changes from the investors’ point of view, both those considering and already pursuing their investments, and those whose projects have long been completed. The new regulations were introduced via the Act of February 2020 amending the Construction Law Act. Primarily, the amendment is meant to simplify and expedite the investment and construction process, as…

As previewed in our prior post, Poland’s simplified restructuring proceeding (uproszczone postępowanie restrukturyzacyjne) is now in effect. The enabling legislation – with only minor changes from the description in our prior post affecting such restructurings – was finally adopted on 19 June 2020, signed into law on 23 June 2020 and took effect the same day. Debtors have until 30 June 2021 to retain a restructuring advisor and commence the new proceeding, which operates…

Updated on June 23, 2020 Like various other EU member states (e.g. Hungary, Czechia), Poland has finally adopted a new act intended to screen foreign direct investments in Polish companies. The new law (the “Amendment”) amends the Act on Control of Certain Investments of 2015 (more on this available here), but it will also materially extend control over mergers and acquisitions. The Amendment was finally adopted on 19 June 2020 and signed…

Poland’s Parliament (the Sejm, the lower House of Parliament) is close to passage of an extraordinary debtor restructuring relief law as part of its fourth COVID-19 crisis legislation. The measure, referred to as Shield Law 4.0 (Tarcza 4.0) would: Create a “simplified restructuring proceeding” that would permit any debtor to commence this proceeding if faced with the risk of insolvency, understood as a 3-month delay in meeting payment obligations, even if this has nothing to…

The COVID-19 pandemic and the subsequent restrictions of face-to-face contacts have caused quite a stir among entrepreneurs, for instance when signing agreements and official documents. This has prompted many of them to seek all sorts of digital solutions in lieu of physical presence.…

Ensuring occupational safety and protecting employees’ health have been of the utmost importance for many employers over the past few weeks.  With the rapid spread of Covid-19, employers were forced to adopt strict preventive measures to ensure a safer working environment within their workplaces. While the most obvious solution was the adoption of home office schemes, not all jobs can be performed remotely.…