We serve
primarily the business sector. To the extent needed,
we also provide assistance to individuals not engaged
in any business, and here our special qualifications
are banking law and law relating to bills of exchange
and promissory notes. Our client base includes foreign
businesses and businesses with foreign participations.
As discretion is one of our core values, the particulars
of our Clients are not publicly disclosed. References
are available upon request and consultation with the
Client concerned
Our practice delivers services in the following
areas:
- Entity formation
and legal assistance to businesses
- Form-based court
proceedings
- Promissory notes/bills of exchange
services
- Banking matters
- European funds
- Services to condominiums and
real estate managers
- Formation assistance and services
to Social Building Societies
1. Entity formation and legal
assistance to businesses - formation
of corporate business entities (limited liability company,
joint-stock company, registered partnership, limited
partnership, partnership limited by shares, limited
liability partnership), general partnerships and sole
traderships. Drafting agreements, registration procedures,
administrative filings. Comprehensive assistance
in business relations, commercial contracts, labour
law matters, administrative proceedings, court litigation
and enforcement procedures.
2. Form - based
court proceedings:
National Court Register
- Most entities, not only businesses for that matter,
must be registered in this register. The registration,
change and de-registration procedures are all based
on forms which often prove difficult if not impossible
to fill in.
Summary procedures - Forms
are required by courts in certain civil and commercial
matters. If the forms are not properly filled in, you
may find it impossible to seek remedies or protect your
rights in court.
Registered pledge - This
type of pledge is becoming increasingly popular as a
security for business debts. Appropriately drafted agreements
and skilfully completed court forms are a must if this
mechanism is to be effectively used for your benefit.
And forms are required not only for the initial registration,
but also for changes and, ultimately, de-registration.
Moreover, a form will be needed to check if any given
asset is subject to registered pledge.
Our services in this area include ensuring appropriate
forms as well as comprehensive assistance in form completion
and management of court proceedings.
3. Promissory notes/bills of exchange
services - Promissory notes/bills
of exchange are used primarily as security for debts.
But holders happen to abuse their powers vis-à-vis
the debtors and creditors often happen to be unable
to properly fill in the blank notes/bills received from
their debtors, thus losing the rights and remedies available
for them. Any effective defence against abuse of right
by creditors and effective use of the note/bill mechanism
requires expertise not only in the provisions of the
underlying law that has been in force since 1936, but
also in the rich case-law and legal doctrine developed
since that time.
4. Banking matters.
We provide assistance in broadly taken banking matters.
Our specialities include:
- disputes with banks involving banking law, law relating
to notes/bills/cheques, and registered pledge and mortgage
matters – highly specialised professional institutions
though they are, banks often happen to make mistakes
that can release their debtors (e.g. borrowers, sureties)
from financial liability;
- disputes involving use by banks of prohibited contractual
clauses – the by-laws and contracts used by certain
banks contain prohibited contractual clauses that are
onerous for customers and cause inequality of rights
and duties; the law provides opportunities to defend
against such practices;
- improved debt recovery assistance to creditors trying
to recover from the same debtor with banks - banks usually
ensure that debts owing them are secured (e.g. by pledge,
mortgage, fiduciary transfer of ownership, assignment)
so that they have priority when it comes to enforcement.
But there are cases where security has not been duly
established. The discovery of such cases during enforcement
procedures can strip the bank of its priority and enable
the creditor to recover more;
- assistance in cases of unauthorised debits to your
account following loss of credit card or cheque - banks
are known to unfairly shift onto their customers the
liability for unauthorised debits following loss of
credit cards or cheques;
- assistance in cases of breach of banking privilege
or personal data protection regulations – banking
law contains a strict regulation of banks’ duties
as regards the bank-customer privilege and customer
data disclosure; in case of breach, the aggrieved party
has a wide array of remedies available;
- assistance in negotiating loan terms and troubled
loan restructuring.
In all those cases, successful protection of your rights
requires firm action to be taken quickly since banks
enjoy certain privileges that enable them to recover
out of court, thus largely hindering the protection
of your just interests.
We ensure efficient and reliable legal assistance in
all such situations. Our service includes a careful
analysis of facts, negotiations with the bank, and advocacy
in court and enforcement proceedings.
5. European funds
- To obtain funds from the European Union and government
aid programs, candidates must meet a number of requirements,
such as a good plan, own financial contribution, and
a knowledge required to select the appropriate program.
In collaboration with our consulting partners, we provide
assistance in obtaining PHARE and SAPARD funds and Polish
grants.
6. Services to condominiums
and real estate managers
7. Formation assistance and services to Social
Building Societies |