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Each commercial proxy may independently act with a board member

A limited liability company is represented by members of the management board. However, an independent commercial proxy may also be appointed to represent the company individually or there can be at least two joint commercial proxies acting jointly. How should they cooperate with the management board ?

In today's edition of Dziennik Gazeta Prawna we will find an article by Marcin Borkowski, PhD, attorney-at-law and GWW of counsel.

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Won case in the Supreme Court

The GWW Law Firm was a representative of a client from the construction industry in proceedings to set aside an arbitration award. The dispute concerned the settlement of a FIDIC-based construction contract based.

After winning before the Court of Appeal in 2019, on 15 June 2021, the Supreme Court, as requested by our client, dismissed the other party's cassation appeal.

The Supreme Court shared our viewpoint regarding the need to clearly understand grounds for challenging the judgment, in particular the public order clause and the allegation of depriving people of the possibility of defending their rights. The judgment is particularly important as it confirms the need for independence of arbitration courts and for laying down grounds for appealing against judgments of these courts in accordance with the UNICITRAL Model Act.

The case was run by attorney-at-law Jacek Olma, GWW partner co-leading the court and arbitration proceedings practice. The value of the subject of the appeal exceeded PLN 20 million.

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Legal and Economic LEXOMETER 2021. Coronavirus versus the accounting and tax industry

The Wolters Kluwer publishing house has published a report entitled Legal and Economic LEXOMETER. Coronawirus versus the accounting and tax industry.

The research was aimed at assessing the condition of the accounting and tax industry in the second year of the pandemic and state aid solutions within the framework of anti-crisis shields and financial shields of the Polish Development Fund.

The period of a pandemic is a huge challenge for the industry. It is not only about the transition to remote work and frequent amendments to regulations, which turned out to be largely very unclear. A report with the survey results, together with expert comments, is available at the following link: bit.ly/lexometr2021 

Among authors of the comments to the report, there were, inter alia, experts from our tax team: Angelika Dahms, LL.M. lawyer and Piotr Świstak, attorney.

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GWW at the regatta of tax advisors

Last weekend our crew participated in the 4th National Regatta of Tax Advisors. It was our first opportunity to participate in the regatta and we got in the middle of the stake right away. The crew consisting of Angelika Dahms, Magdalena Górecka and Jan Wnorowski (steersman) took 7th place.

This year, 15 teams entered the race. On the first day, the competitors had difficulties due to a weak wind, while on the second day, they had beautiful wind in the sails.

See you next year!

 

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Accounting Forum 2021

This year has brought plenty of material changes. The legislator has introduced a number of new solutions, tax changes and even new taxes. We have witnessed the introduction of various types of "simplifications", the implementation of which has caused a huge amount of complications.

During today's Accounting Forum 2021, Zdzisław Modzelewski presents the SLIM VAT and SLIM VAT 2 packages – simplifications that sometimes make life difficult for taxpayers and accountants. The Accounting Forum is organized by Infor.

More information available on: https://konferencje.infor.pl/forum-ksiegowosci/ 

 

 

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Quo vadis, Europe? Is the telecommunications market excessively regulated?

Why don't we imagine that the pandemic broke out a dozen or so years ago. Let's go back to 2009 – the year of changes. The World Health Organization (WHO) warned of the AH1N1 flu pandemic for the first time in 41 years. It was also the year of the global economic crisis. The unemployment rate in Poland exceeded 10 percent.

 

COMMENTARY by Rafał Duczek, legal advisor and supervisor of the GWW telecommunications law team

As far as the telecommunications market is concerned, fixed broadband lines with a capacity of up to 2 megabits per second were the most popular at that time – recalls Rafał Duczek, partner at GWW Law Firm, thus starting the discussion on the directions of European regulations vs. the reality in Poland. – Their market share exceeded 66 percent. In such circumstances, we would be doomed to a real lockdown. There is a great video in which a Russian student tells that he has to walk about 300 meters outside the village and climb a 9 meter high birch tree to participate in online classes.

We should realize that we have a completely different situation in Poland. We have made a real civilization leap. But this is not the time to celebrate. We are facing new challenges related to the European Code of Electronic Communications. Is it perfect? No, quite the contrary. Many solutions are simply detrimental. For example, the FTR regulation relating to the termination of calls in a public fixed telecommunications network. It is a solution that reduces the value of the market.

The article was published on the IT Reseller portal: https://itreseller.com.pl/que-vadis-europo/ 

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4th National Regatta of Tax Advisors

Sport is health, we all know that. And when we add some competition to it… this year we could not miss the National Regatta of Tax Advisors in Wilkasy! The sailboat races start on 11 June and will last 2 days. We keep our fingers crossed for the GWW crew consisting of Angelika Dahms, Magdalena Górecka and Jan Wnorowski.

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Improper representation of the company will invalidate the contract

According to legal regulations, it is permissible to conclude a contract between a limited liability company and a member of its management board. They may, for example, rent real estate owned by them to the company. Who should represent the company in such cases to ensure validity of the contract?

In today's edition of Dziennik Gazeta Prawna we can find an article by Marcin Borkowski, PhD., GWW of counsel.

A scan of the article can be downloaded in pdf.

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