Litigation cases
We can resolve a wide range of disputes in Poland through litigation.
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Polish Law Firm
Updated on Monday 30th October 2023 Our lawyers in Poland will assist our clients in all the procedures regarding the opening of Polish companies, counsel them in the Corporate Law matters and our accountants will provide them with tax advice in Poland. Our law firm, LawyersPoland.eu, works with experienced lawyers but also with specialists from other fields, in order to provide complete services to our clients.
LawyersPoland.eu focuses on providing quality legal services, helped by a team of lawyers with experience in various legal fields. We provide services to local and foreign clients. Our team is able to provide services in many different languages, namely Polish, English, German, Spanish, Russian and Italian. We strive to provide simple, yet effective solutions to our clients and offer ongoing legal assistance. If you are looking for a lawyer in Poland, our law firm is at your disposal.
Our services can be divided into six main categories:
- Tax services: tailored tax solutions, including for international clients in Poland;
- Corporate: a department that provides complete legal aid to customers interested in company formation in Poland and other issues;
- Property: our dedicated real estate department, offering services such as legal representation in property purchase cases.
- Litigation: debt recovery, out-of-court settlement, enforcement of foreign judgments and other services.
- International tax law: tax compliance, double tax treaty application and international trade agreements.
- New technologies: blockchain, intellectual property, consultancy in the IT industry and many other services.
Below, our specialists answer some of the most common questions regarding investments in Poland.
| Quick Facts | |
|---|---|
| Commercial litigation assistance offered by our lawyers in Poland | Assistance in cases involving breach of contract, damages claims, unfair competition, tax disputes or cross-border disputes. Our team of lawyers in Poland also provides arbitration and mediation solutions |
| Company formation in Poland | Complete assistance for local and foreign investors who wish to open a company in Poland. Company registration and licensing, assistance for drawing up the incorporation documents and much more. |
| Banking | Our team of lawyers in Warsaw offers legal assistance in issues concerning the regulation of banks and financial institutions in the country. We also offer legal counsel on matters concerning project or real estate financing |
| Employment | Assistance for employers in Poland concerning entering new employment relationships, terminating employment agreements, restructuring, work accident claims, employee misconduct investigations, etc. |
| International investments | Legal counsel and assistance for the incorporation of banks and subsidiaries in Poland, assistance for mergers and acquisitions, purchasing Polish companies or franchising |
| Tax matters | Tax disputes, tax advice, tax advice and planning in specific business sectors |
| Insolvency | Support in commencing insolvency or bankruptcy proceedings in Poland. Assistance with corporate restructuring matters prior to commencing the insolvency procedures, as possible |
| Intellectual property | Intellectual property infringement, trademark, patents, industrial design registration |
| Debt recovery with the help of our lawyers in Poland | Assistance for collecting debts from Polish debtors. Amicable and court debt recovery |
| Real estate issues | Real estate transactions for corporate clients, real estate development, assistance for those developing construction projects in the country, lease and tenancy agreements |
| Residential conveyancing | Legal assistance for individual clients looking to purchase or rent apartments, homes or land in Poland |
| Individual employment | Legal representation in claims involving unfair dismissal, workplace harassment, unpaid benefits and other cases |
| Civil litigation | We help our individual clients handle matters concerning labour disputes, medical malpractice or personal injury, intellectual property disputes, defamation, negligence, fraud and others |
| Divorce in Poland and Family Law | Assistance from our lawyers in Warsaw during the divorce proceedings. Legal assistance for parental custody, guardianship matters, inheritance and estate planning |
| Immigration | Assistance for obtaining the temporary or the long-term permit, family reunification matters, residency applications and matters concerning citizenship by naturalization or descent |
| Criminal law | We assist clients accused of involvement in criminal activities, victims of criminal offences or frauds. |
| Cyber crime | Legal counsel in cases involving phishing and ransomware attacks, online scams, hacking, identity theft, and others. |
| Contract Law | Drawing up and vetting all types of commercial agreements. |
| Joint Ventures | Handling the legal aspects of contractual joint-ventures. |
| Drink driving | Drink driving offenders face not only a driving ban but also other types of penalties. We can assist you if you were accused of drink driving. |
| Foreign national employment issues | We assist both companies who wish to hire or transfer foreign employees, as well as foreign nationals who have questions about their rights in Poland. |
| Wills | Our lawyers in Poland help individuals who are ready to draw up a will. |
| Estate planning | We provide advice in accordance with the Polish law and can offer insight into the financial instruments one can use for inheritance planning purposes. |
| Environmental Law | Assistance in environmental protection issues, regulatory matters, environmental issues concerning real estate construction projects, and more. |
| Maritime Law | Marine insurance, maritime law, ship construction finance, international transports by sea, etc. |
| Mediation/alternative dispute resolution | We advise our clients on the use of alternative dispute resolution methods, such as arbitration and mediation, whenever possible and appropriate. |
| Data protection | GDPR legal counsel and implementation, data transfers, data breach response, etc. |
| Our team | We are a team of lawyers specializing in many areas of law. We offer effective resolutions in regular and complex cases. |
| Reasons to work with us | Extensive experience, professional services, and a good understanding of our client's interests. |
| When to contact us | As soon as you have any questions about a legal issue in Poland, or as soon as you are faced with a legal matter. |
Do you need the help of a team of litigation lawyers in Poland?
A core part of our activities in Poland involves litigation. Our attorneys in Poland specialize in assisting companies in the country and can also provide key services related to civil litigation, as needed. Our lawyers are accustomed to working with both local investors and foreign entrepreneurs and strive to find the most suitable solutions to a given legal dispute between parties. The key areas in which our team specializes are the following:
- Corporate and business litigation
- Contract litigation
- Real estate and construction litigation
- Employment and administrative litigation
- Trademark, copyright, patent litigation
- Debt collection disputes
- Enforcement of foreign judgments
Our lawyers provide complete assistance during the litigation process and court representation in Poland. As an alternative, our team is also able to offer arbitration services that, in some cases, can yield more favorable results because arbitration can lead to faster solutions, with fewer costs, compared to traditional court litigation. The decision to use an alternative dispute resolution method will be analyzed by our experts in terms of costs, accessibility and overall benefits for our client.
Legal disputes in Poland can be easily resolved with the help of our lawyers. If interested, you can always reach out to our litigation lawyer in Poland for more details about how we are able to assist with court litigation.
Do you want to open a company in Poland?
Our lawyers in Poland will guide you step-by-step with the guarantee of success and advantageous costs. You need to know that, in Poland, the procedure of incorporating a legal entity is accomplished in several steps. Our lawyers detail these in the list below:
- Choosing a type of company and an original name: there are several types of companies in Poland and they may be suited to small or medium-sized businesses as well as large corporations. This is one of the first and most important choices for investors as the type of company will determine the minimum share capital and the future compliance requirements. Moreover, each company in Poland must have a unique name.
- Drawing up the Articles of Association: the founders of the company need to draw up the Articles of Association and create the company deed at a local notary public. Special assistance can be provided by our corporate lawyer in Warsaw during this phase.
- Depositing the share capital: this is a step during which the founders also need to open a bank account in Poland. Once this is set up, they can deposit their contributions to the limited liability company or the other chosen business form.
- Appointing the management board: this is also a preliminary step that can take place through a special resolution.
- Registering the company in Poland: the final step and the essential one is to register the company with the National Court Register. This is done by submitting a special application form and the needed company documents.
- Apply for other permits: depending on the types of activities it will perform, the company will also need to apply for additional special permits and licenses with the relevant Polish authorities.
The entire procedure requires about one month. This will depend on how fast clients provide the needed incorporation documents and whether or not the company requires one or more additional permit applications, which may lengthen the total incorporation time. The company will be able to engage in its specific activities once it is registered with the Polish authorities and once it has obtained the permits that grant the possibility to perform the activities. Please keep in mind that special permits and licenses are only required in some business fields. We welcome all our clients in need for more information related to how to open a company in Poland.
Are you in need of corporate counseling in Poland?
By choosing the services provided by our law firm you will benefit from the best advice in the legal field, as our experience recommends us for issues related to Business and Commercial Law in Poland.
Our Polish lawyers are specialized in mergers procedures as well as acquisition actions and due diligence in Poland.
We also offer our services for procedures of liquidation and dissolution of companies in Poland. Our law firm will follow the entire procedure by observing the regulations of the Freedom of Business Act and the Polish Act on Business Law.
Usually, a company is liquidated in Poland when it is no longer viable for future projects or if it is involved in the violation of the Bankruptcy Law. A lawyer in Poland from our team can help you with the company liquidation procedure.
Have you encountered problems with debt collection?
We have the most advantageous way of recovering debts by accessing the services offered by our law firm in Poland. Our attorneys are able to handle the procedure of debt collection from amicable actions to litigation proceedings. Please contact us for more detailed information on debt collection procedures in Poland.
Need a tax lawyer in Poland?
We are able to offer our clients the solutions for paying taxes in Poland as well as for more specific financial matters. Our Polish tax lawyers, who work with accountants and business advisors, can provide tax services for companies, including VAT registration in Poland and payroll services.
Companies in Poland are required to comply with the taxation requirements. We remind investors that the main taxes applicable to companies in Poland are the corporate income tax with a standard rate of 19%, the withholding taxes, the property tax, social security contributions, transfer tax, and others. As far as tax compliance for companies is concerned, taxpayers have a twelve-month period for the tax year, which is usually the same as the calendar year. Self-assessments and advance payments are made during the year and as a basis for these assessments, taxpayers may use the results registered in previous years. Penalties apply for late filings or failure to fully comply with the requirements. Our tax experts can provide complete details on these requirements and penalties and can also assist investors who need to solve tax disputes in the country.
Our experts can give you complete information about the double tax exemptions that may apply in your case, according to the existing Polish double tax treaties.
Are you interested in opening a holding company?
Ask our local lawyers for customized support in order to speed the procedure and to avoid any difficulties that may be encountered when opening a holding company in Poland. This legal entity is useful for certain types of investors who do not wish to open a regular company that engages in providing services, but one that will be used to own shares in other existing companies. Our lawyer in Poland can provide complete details on how the business and taxation regime in the country applies to holding companies.
We invite you to watch the following video about our services:
Frequently Asked Questions
1. What are the steps of business litigation cases in Poland?
Business litigation will usually start with negotiation between the parties. This is done because it is often more beneficial to settle the matter outside of court or through alternative dispute resolution methods. However, if the parties cannot agree, a Polish lawyer will prepare the summons and the statement of claim to initiate the legal proceedings.
2. What are the most important legal aspects I should know about company formation in Poland?
Foreign investors have the same right to open a company in Poland as local entrepreneurs.
3. What are the basic legal requirements for foreign investors wanting to invest in Poland?
Foreign investors should observe the company incorporation principles: choose a suitable company type and company name and make all the arrangements to register the new business entity with the Polish Trade Register.
4. Will I need special permits or licenses for my new company in Poland?
Yes. Certain types of businesses will require special permits and licenses in order to legally engage in business activities.
5. What is the procedure of debt collection in Poland?
A Polish law firm can help you recover any debts or late payments form Polish associates. Debt collection in Poland starts with a demand letter to the debtor. If the client does not receive the payment after an initial request, arrangements are made to initiate legal action against the debtor.
6. Do you need a visa to enter Poland? How can I obtain it for Poland?
Citizens of the Schengen area are entitled to stay in Poland without a visa. However, for stays exceeding 90 days the individual must obtain a D-type visa. This document is issued by a consular office in the country of residence.
7. What are the steps I must follow in order to obtain citizenship in Poland?
Polish citizenship can be acquired based on marriage with a Polish national, or if a minor was born on Polish territory. Foreign individuals can apply for citizenship in Poland if they satisfy the eligibility criteria: for example, one of the requests is for the foreigner to have lived in Poland continuously for a period of at least 3 years on the basis of a permanent residence permit.
8. What are the requirements regarding employment in Poland?
The Polish employment law sets forth the requirement for employers in Poland as well as the benefits to which the employees are entitled to. Any employment relationship must be confirmed through a written employment contract.
9. Are there any special requirements for marriage and/or divorce in Poland?
Foreigners can get married in Poland if they wish to. Our Polish lawyers can help you obtain a divorce in Poland if you are married to a Polish national.
10. How are individuals and companies taxed in Poland?
The corporate income tax in Poland is 19% and other types of taxes are also applicable for companies. Individuals are taxed on cash and non-cash benefits obtained from a Polish source: employment income, self-employment income, rental, etc.
Our Polish attorneys can give you detailed answers to all of these questions and provide you with a wide range of legal services.
Investing in Poland
Poland offers a dynamic and large internal market that is open to direct foreign investments. The country is a success story in itself and, to a large degree, its versatile and offering market is the product of an increasing number of foreign investments, especially in the manufacturing industry. It's European Union member’s status, the 38 million consumer market and its position in central Europe facilitate import and export activities. The lowers prices for logistics, transportation, and employment, in general, make it attractive to foreign investors who can find that opening a company in Poland is a really attractive business option, compared to the costs for opening and running the same type of business in other countries in Europe. The country also has an educated and highly skilled employment market, industrial diversity and real possibilities for the development of new economic entities.
The Polish Government also established several Special Economic Zones meant to have a significant impact on the economic development of the country. There are 14 of these types of zones that offer entrepreneurs the opportunity of conducting their businesses in preferential terms and with very attractive tax benefits. Our lawyers in Warsaw offer consultancy services for business and commercial law and can help clients streamline the relationship with the Polish authorities.
As far as the tax incentives available to those who choose to invest in the country, we can mention the following: deductions for qualifying expenses for research and development activities, additional incentives for companies that have the status of an R&D center, one-time depreciation in some cases (for certain fixed assets of a maximum value of 50,000 euros, for small companies and start-ups) and others. Our team of lawyers in who is specialized in foreign investments can provide complete details on the incentives available to companies as well as any specific requirements for foreign entrepreneurs. Therefore if you need a lawyer in Poland who can help you invest in this country, you can rely on our legal team.
Poland has a stable economy and it is attractive for investors, as reflected by the following figures:
- foreign direct investment value at the end of 2017: 176 billion euros;
- economic growth in 2018: 5,1% GDP;
- foreign trade turnover in 2018 according to Statistics Poland: 221 billion euros.
Our dedicated lawyers strive to provide complete services to our clients, irrespective of the department you choose to work with, be it tax, commercial and business, real estate, intellectual property or any one of our experts. Our experience on the market and our full understanding of the complexities of the Polish laws and legal system allow us to provide professional solutions, with a high degree of competence. Furthermore, our team of lawyers is ready to assist you if you need to obtain an EORI number in Poland for your business.
For more details about our legal services or for a personalized offer, do not hesitate to contact our team of lawyers in Poland.
Meet us in Poland
Maciej Oniszczuk is the Managing Partner of our company. He is an experienced lawyer, his main area of expertise is commercial law. He can help clients establish companies in Poland.
Contact us
Testimonials
The team offers quick responses and they always treat each customer according to his/her needs and objectives.
The solutions they offer are tailored so that they observe the particularities of the company as well as the business field in which it operates.
Mihai Cuc, Partner of MHC Law Firm