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54 New Articles

The new Covid-19 Act still forces businesses to file registry applications and pleadings in paper form with handwritten signatures, using a universal postal service provider.

Based on the Cabinet Regulation of 2 May 2020 imposing specific restrictions, obligations, and prohibitions in connection with the state of epidemic, as of 4 May 2020, shopping centres with sales or service areas exceeding 2,000 m2 can reopen, subject to the following restrictions:

Even as the solutions adopted by the Polish Parliament in an attempt to mitigate the negative consequences of Covid-19 do not introduce many significant changes as far as the financing sector is concerned, some of the amendments concerning business financing are certainly noteworthy.

Even though the law on the obligatory dematerialization of shares in unlisted joint-stock companies and joint-stock limited partnerships enters into force on 1 January 2021, some of its provisions have been in force since 1 January 2020, requiring, for instance, that such companies and partnerships maintain websites with space dedicated to communicating with their shareholders.

On 31 March 2020, the so-called Anti-Crisis Shield entered into force, introducing solutions that are to mitigate the negative effects of Covid-19 on the economic situation in Poland. What follows is an outline of the main tax solutions made available by the new law, along with steps that eligible businesses can take to receive particular types of support.

On 31 March 2020, the Polish parliament passed the Covid-19 Act (the “Act”). In its final form, the new law differs somewhat from the draft of the so-called Anti-Crisis Shield dated 21 March 2020 that we have previously reviewed, most notably in the way it regulates the issue of commercial lease agreements.

Businesses are still forced to file register applications and pleadings in paper form with handwritten signatures, using a universal postal service provider. Fortunately, the Covid-19 Act gives more time for taking procedural steps and actions. Also, some courts are being pro-active, allowing essential pleadings to be filed via email.

Over the coming months, businesses will be able to apply for various forms of state support, which may be mixed and matched depending on circumstances.

In its current form, the so-called Anti-crisis Shield features a number of regulations concerning lease agreements. An overview of the proposed changes follows.

On 2 March 2020, Poland’s Parliament adopted the (new) Act on Specific Measures related to Preventing and Combating Covid-19, other Contagious Diseases and Crisis Situations Caused thereby, which allows employers to order employees to work from home. The employer should follow the rules governing so-called telework (Labour Code: ‘work performed regularly outside the employment establishment using electronic communication means, e.g. using computers’).

13 April 2020 is the final deadline for registering UBOs for the vast majority of Polish companies (UBO = Ultimate Beneficial Owner). Fines for non-compliance can be as high as PLN 1m. The exceptions to this are professional partnerships and listed joint-stock companies.

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Penteris at a Glance

Penteris is a law firm combining in-depth expertise, robust advice, and a pan-regional reach.

We provide full-service business law advice within five sector lines: Energy & natural resources, Financial institutions, Private equity, Real estate, and Retail.

On the market since 2001, we were originally part of a Scandinavian law firm and then a founding office of a pan-Baltic organisation.

Our attorneys will work closely with you, providing you with the hard skills, service-minded know-how, and legal expertise that will keep you secure while you lead the market.

Our skills are at your disposal:

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The team continues to be internationally recognised year on year, most recently by Chambers Global 2019, Chambers Europe 2019, and The Legal 500 EMEA 2019.

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