professionalism
individual approach
always at your disposition
OUR WORK GIVES US UNPRECENDENTED SATISFACTION TO CONTRIBUTE TO THE GROWTH AND PERFORMANCE OF OUR CLIENTS
CORPORATE LAW
overall assistance in incorporation of partnerships and companies, of branch offices and agencies of foreign entrepreneurs, including drafting articles of association, registration with the National Court Register, the Statistical Office, the National Employment Inspection, the National Sanitary Inspection, Tax Authorities,
permanent legal assistance to companies (including organising shareholders’ meetings, as well as management board and supervisory board meetings, drafting minutes and resolutions, etc.),
advice on amending of articles of association, changes within companies’ bodies,
preparing contracts with regard to trade, redemption and pledge of shares,
preparing shareholders’ agreements,
transformation of companies,
takeovers and mergers,
liquidations.
COMMERCIAL TRANSACTIONS
drafting commercial agreements and issuing opinions on drafts of commercial agreements as far as their conformity with the law is concerned, and an appropriate protection of the client’s interest, such as securing exercising of agreement,
negotiation and mediation on behalf of the client
COPYRIGHTS
drafting contracts on transfer of copyrights,
drafting license contracts, including contracts regarding softwares,
representing the Clients in litigations as regards violation of copyrights,
assistance on the joint management of copyright and similar rights.
INDUSTRIAL PROPERTY RIGHT
assisting the Clients, with the support of a patent agent, in registering a trademark or EU trademark, including preparing opinions on trademarks’ distinguishable character and possibilities to register them,
preparing license contracts as regards trademarks,
representing the Clients in litigations as regards violation of registered trademark,
representing the Clients in proceedings aiming at revocation of a trademark.
ANTI-TRUST LAW AND COMPETITION LAW
informing the President of UOKiK (Anti-Trust Office) of any concentration of enterprises that may require previous consent from the UOKiK president,
advice on contracts, agreements and customs for entrepreneurs, with regards to their compliance with the competition law, and in particular in the field of ban on contracts that may violate the competition law (e.g. agreements by and between a producer and distributors, exclusivity clauses, price fixings [zmowy cenowe]),
advice in the field of contracts and general conditions of in respect to consumers’ rights,
advice on public aid.
BANKRUPTCY LAW AND COMPOSITION PROCEEDINGS
preparing the petitions to declare bankruptcy with liquidation of assets, and with option of an arrangement,
representation of debtors / creditors in the bankruptcy and composition proceedings,
assisting the Clients in acquisition of bankrupt enterprises,
advice as regards bankruptcy proceedings governed by EU regulations, directly applicable in Poland, including bankruptcy of commercial companies seated in Poland.
REAL ESTATE LAW
legal audits for checking the legal status of a real estate,
determining legal status of a real estate,
drafting contracts on acquisition of real estate, including affirmative covenants and dispositive contracts,
drafting contracts on rent /lease of real estate,
drafting construction contracts, management and sub-contractors’ services,
assistance in obtaining administrative permits necessary for construction purposes,
advice on planning the organizational structure of capital groups specializing in construction project management;
participation in negotiations pertaining to purchase of real estates,
tax advice and planning in respect to tax optimisation of purchase of real estates,
advice to foreigners in respect to obtaining permits necessary to purchase real estates in Poland.
LABOUR LAW
drafting employment contracts, non-competition clauses, non-disclosure clauses, and other agreements within the frame of employment relation,
drafting Labour Regulations, Compensation Regulations, and Social Fund Regulations,
legal advice on staff restructuring,
obtaining permits and licenses required for the purposes of employing foreigners in Poland,
advice on termination of employment agreements, including collective dismissals,
opinions on collective employment agreements,
preparing incentive packages for higher level management,
advice on social insurance, in particular as regards appropriate EU regulations directly applicable in Poland,
representation of employers in litigations,
social audits.
PROTECTION OF PERSONAL DATA
advice on personal data processing,
assistance in the filing the personal data collections with the General Inspector of Personal Data (GIODO).
COURT AND ADMINISTRATIVE PROCEEDINGS, ARBITRATION
help in amicable settlement of litigations before going to the court (formal notices to pay, negotiations),
representing clients in court and arbitration proceedings,
advice to and management of court proceedings, especially as far as civil law, construction law, labor law, social insurance law, copyright, and competition law, are concerned
advice in the field of proceedings to secure a claim, and enforcement proceedings.
TAX LAW
opinions, analyses and tax studies, information on current issues of tax legislation,
tax audits viewing to confirm correctness of tax settlements, to identify and to resolve tax-related problems,
tax planning and optimisation,
representing the client in tax proceedings before authorities and courts,
advice in the field of transfer pricing,
appraisal of existing tax documentation for transfer pricing purposes or help with preparation of such documentation,
advice in international tax law,
preparation or verification of agreements as far as their tax consequences are concerned,
advice in accounting law,
advice in customs law and exchange law.
ADVICE IN BUSINESS
advice to high level staff as regards chosen fields of law,
individual trainings for foreign management staff of Polish companies regarding main themes of Polish law (especially as far as commercial companies law, labor law, tax law, are concerned),
advice in the field of restructuring businesses and optimizing structures.
INTERNATIONAL TAX OPTIMIZATION STRUCTURING
migration of businesses from Poland to more attractive tax jurisdictions (i.e. Cyprus, Malta, Switzerland, Luxembourg) using the tax neutral modes of transactions (based on tax rulings),
planning and implementing a safe and beneficial models of profits distribution to Polish tax residents (royalties, intangible services, managements fees, etc.),
placing IP rights in more attractive tax jurisdictions (i.e. Cyprus, Malta, Switzerland), thus providing tax savings in the form of differences between tax depreciation rates or WHT-exemption on royalties payments,
implementing the “exchange of shares” between companies in various off-shore jurisdictions as the tax neutral transaction of restructuring the holding,
establishing partnerships as the tax transparent vehicles in various off-shore jurisdictions to generate tax savings on on-going business activities,
planning the financing structures within the groups of companies (cash pooling, derivatives, loans),
structuring flows of dividends and on-going profit using various international vehicles in Luxemburg, Cyprus…,
designing exit from investments scenarios thus providing tax savings (the tax jurisdictions with capital gains exemptions or with no real estate clause in double tax treaties).
CORPORATE FINANCE
overall advice on enterprises’ takeovers and restructuring, including but not limited to acquisition of shares, whole enterprise or an organized part of the enterprise,
legal, tax and social due diligence,
advice in legal and tax optimization of intended transactions,
preparing operations necessary in relation to intended takeover, including letters of intent, preliminary agreements, joint-venture agreements, affirmative covenants and dispositive contracts,
participation in negotiations within the scope of takeover,
necessary activities in the field of selected takeover operation, including transformations, mergers, increase in capital,
in cross-border operations – permanent contact with foreign law offices with whom KKS Legal cooperates on regular basis, as regards advice on foreign law governing given transaction.
CORPORATE LAW
COMMERCIAL TRANSACTIONS
COPYRIGHTS
INDUSTRIAL PROPERTY RIGHT
ANTI-TRUST LAW
BANKRUPTCY LAW
REAL ESTATE LAW
LABOUR LAW
PROTECTION OF PERSONAL DATA
ARBITRATION PROCEEDINGS
TAX LAW
ADVICE IN BUSINESS
TAX OPTIMIZATION
CORPORATE FINANCE
Kancelaria Prawna Kunert, Kożuszko, Sanak
KKS LEGAL Sp.k.
Polska 00-680 Warszawa
ul. Żurawia 45
tel. +48 22 594 23 23
fax. +48 22 594 23 24
email: kancelaria@kkslegal.pl
Dane rejestrowe:
KRS: 0000262734
REGON: 140663373
NIP: 7010032695
COOKIES POLITICS