Corporate Lawyer in Poland
A corporate lawyer in Poland plays a crucial role in ensuring that businesses operate smoothly, comply with local regulations, and minimize legal risks. As Poland continues to be a key player in the European Union, offering a favorable business climate and a growing market, the demand for corporate legal services has expanded significantly. Whether you are a local entrepreneur or an international company setting up operations in Poland, having the right legal guidance is essential for navigating the complex regulatory environment. Our corporate lawyers provide invaluable services that help businesses operate efficiently, minimize legal risks, and grow sustainably.
Mobile: +48 502 337 071
e-mail: sekretariat@kosikowska.pl
or adwokat@kosikowska.pl
Role and Responsibilities of a Corporate Lawyer in Poland
Corporate lawyers in Poland specialize in legal matters related to business operations, ranging from company formation to mergers and acquisitions (M&A), intellectual property protection, corporate governance, and dispute resolution. Their role is to ensure that businesses comply with both Polish laws and EU regulations, reducing the risk of legal disputes and ensuring long-term success. One of the core responsibilities of a corporate lawyer is advising clients on the best legal structure for their business. In Poland, businesses can be set up as sole proprietorships, limited liability companies (sp. z o.o.), joint-stock companies (S.A.), or various types of partnerships. Each structure comes with its own legal and tax implications, and a corporate lawyer will help entrepreneurs and foreign investors choose the right option based on their goals, size, and risk tolerance.
Company Formation and Corporate Governance
Corporate lawyers in Poland assist businesses in the company formation process, which includes preparing and filing the necessary documents with the National Court Register (KRS). Lawyers also draft the articles of association, shareholder agreements, and ensure that businesses comply with local regulations. They may also help with ongoing corporate governance by advising on shareholder rights, board composition, and the responsibilities of company directors. Poland has well-established corporate governance principles that align with EU standards, and our corporate lawyers ensure that businesses operate in a transparent, accountable, and lawful manner. This includes advising on best practices for managing relations between shareholders, directors, and employees, and making sure that companies avoid conflicts of interest or violations of corporate law.
Contract Law and Negotiations
Another key area where corporate lawyers in Poland (including our office) provide essential services is contract law. Businesses need to enter into various agreements throughout their operations, whether it’s with suppliers, clients, employees, or business partners. Corporate lawyers draft, review, and negotiate contracts to ensure that they are legally binding and enforceable under Polish law. They also advise businesses on contract terms, ensuring they protect their interests and comply with local regulations. In Poland, contract law is governed by the Civil Code, which sets out strict rules on the formation, performance, and termination of contracts. Our experienced team ensure that contracts are clear, comprehensive, and free from any legal ambiguities that could lead to disputes down the line. This is particularly important in international business dealings, where language barriers and differing legal systems can complicate negotiations.
Mergers and Acquisitions (M&A)
Corporate lawyers in Poland are heavily involved in mergers and acquisitions (M&A), assisting businesses with the legal aspects of buying or selling companies. This process involves extensive due diligence to identify potential risks, liabilities, and opportunities. Our corporate lawyers help clients navigate this process, ensuring that all transactions comply with Polish and EU competition laws, tax regulations, and corporate laws. M&A transactions often require complex legal documents, including share purchase agreements, asset transfer agreements, and regulatory filings. Our team play a key role in drafting and reviewing these documents, structuring the deal to minimize tax liabilities, and negotiating favorable terms for their clients.
Taxation and Compliance
Corporate lawyers in Poland are also skilled in advising businesses on tax planning and compliance. Polish tax law can be complex, with businesses subject to corporate income tax (CIT), value-added tax (VAT), and various other local taxes. We assist companies in structuring their operations to minimize tax burdens and ensure compliance with Poland’s tax regulations. Our lawyers specializing in corporate taxation can help businesses understand how to take advantage of available tax incentives, credits, and exemptions. We also assist with tax filings and provide guidance in the event of an audit by the Polish tax authorities. Additionally, with Poland being part of the EU, we also advise on issues related to EU taxation rules and cross-border tax matters, such as transfer pricing and double taxation treaties.
Intellectual Property Protection
Intellectual property (IP) is a significant asset for many businesses, especially in industries such as technology, pharmaceuticals, and entertainment. Corporate lawyers in Poland provide legal services related to the protection and enforcement of IP rights, including trademarks, patents, copyrights, and trade secrets. Poland is a member of both the European Union and international conventions such as the World Intellectual Property Organization (WIPO), offering strong protection for IP assets. Our lawyers help businesses register their intellectual property, take legal action against infringement, and defend their rights in court if necessary. Given the increasing importance of IP in the modern economy, we are key players in safeguarding businesses’ innovations and competitive advantage.
Dispute Resolution and Litigation
Despite best efforts to avoid conflict, disputes are a natural part of doing business. Our lawyers represent businesses in both civil and commercial disputes, including breach of contract, shareholder disputes, and issues related to intellectual property, among others. We aim to resolve conflicts through negotiation or alternative dispute resolution (ADR) methods such as mediation or arbitration. If a dispute cannot be settled amicably, we also represent clients in Polish courts, ensuring that the company’s legal interests are protected. Poland has an efficient court system, but litigation can be time-consuming and costly, so we are working to resolve disputes as quickly and cost-effectively as possible, often recommending ADR as an alternative to court proceedings.
Fields of expertise
Agata Kosikowska Law Firm specializes in providing services to both individual customers, entrepreneurs and collective entities. Many years of experience allow us to provide our customers with reliable and professional service in every area of law.
Fields of expertise
Agata Kosikowska Law Firm specializes in providing services to both individual customers, entrepreneurs and collective entities. Many years of experience allow us to provide our customers with reliable and professional service in every area of law.