already in force

Registration of beneficial owners

Under the Polish Anti Money Laundering and Countering Financing of Terrorism Act of 1 March 2018, newly established companies and partnerships are required to submit information about their beneficial owners to the Central Register of Beneficial Owners from 13 October 2019, and existing entities must do the same from 13 April 2020. The register is public and accessible free of charge.

Criminal procedure: Third reform, dubious results

On 5 October 2019, the third “fundamental” reform of Polish criminal procedure in the last four years came into force. It is supposed to be faster, fairer and less bureaucratic. We heard the same claims for the changes coming into force on 1 July 2015 and then on 15 April 2016. But court cases have not speeded up. On the contrary, there are more complaints about delays and thus payments from the State Treasury to victims of dilatory proceedings.

KOWR consent to acquire agricultural land: A new approach

The Act of 26 April 2019 Amending the Agricultural System Act and Certain Other Acts made changes to the trading in agricultural real estate in Poland. It also clarified the procedure and conditions for consent to acquisition of agricultural real estate by an entity not meeting the definition of an individual farmer, and not qualifying as a family member of the seller or other entity exhaustively listed in Art. 2a(3) of the Agricultural System Act.

Acquisition of banks under KNF supervision

The act of 9 November 2018 amending a number of laws, including the Banking Law, in order to reinforce oversight of the financial market entered into force at the beginning of this year. A new chapter was consequently added to the Banking Law concerning forced acquisition of banks coordinated by the Polish Financial Supervision Authority (KNF). The act has now been in force for several months, and it is a good occasion to examine in more detail the new powers vested in KNF.

Manufacturing waiver weakens SPCs

Regulation (EU) 2019/933 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EC) No 469/2009 concerning the supplementary protection certificate for medicinal products entered into force on 1 July 2019. The regulation introduced a “manufacturing waiver” excluding certain acts by drug manufacturers in the EU from the protection awarded under supplementary protection certificates.

Resolutions of shareholders of a limited-liability company

When is it necessary to hold a shareholders’ meeting, and when can it be dispensed with? Comments under the amended provisions of the Commercial Companies Code