Doing Business in Poland?
Whether the issues that concern you require advice on English, Polish or EU matters, we can help you.
We are equipped to deliver services equally well in the UK and Poland where a number of our associates are bi-lingual.
For areas of practice with which we can assist you, please check the information below:
Corporate and Commercial
We can advise and assist you with setting up a legal entity in Poland. Alternatively, you may wish to limit your presence in Poland to a branch or representative office.
There are advantages and disadvantages of each option. We can guide you through the process of deciding which option is best for you in order that you can establish an effective business presence in Poland.
With the assistance of the British Polish Chamber of Commerce and our network of professional advisers in Poland, we can help you to identify suitable business partners in Poland who will work with you to mutual advantage.
Agreements which set out clearly how your business will operate with suppliers, customers, agents, distributors and partners are key to your risk management strategy. We will help you to assess the risks of doing business in Poland and provide you with advice on how those risks might be mitigated.
Whether the agreements you make are subject to English law, or subject to Polish law, we can provide you with the appropriate help and assistance.
Should you wish to operate through a franchise (as franchisor or as a franchisee) or under some other form of licence agreement, it will be necessary to identify the cross border issues that might arise so that you do not commit to a business agreement without fully appreciating the legal issues involved.
In the IT sector there are often potentially complex issues that need to be addressed in order to safeguard intellectual property rights. We have access to the necessary expertise to advise on cross border intellectual property issues. Not just in the IT sector but in many other sectors, the creation, protection and employment of intellectual property is essential to the success of the business.
We can advise on how best to protect you intellectual property including your confidential business information.
Further, we can advise on the impact on your business of cross border data protection and privacy laws.
Joint Ventures, Mergers and Acquisitions
Whether you establish your joint venture through a separate legal entity or by way of a strategic alliance, there are many issues that need to be thought through and captured in the joint venture agreement.
We have many years of experience in developing international joint venture agreements and the associated documents necessary to ensure that the rights and obligations of each participator are clearly set out.
If you are looking to acquire a business in Poland, or in the UK, or merge with a UK or Polish business, we can provide you with the necessary due diligence and risk assessments before and during the negotiations.
We can also act for you in the drafting of the required agreements.
Financial structuring for the acquisition of assets abroad, and for financing working capital are key to ensuring that your business can take advantage of the opportunities that will be presented.
Whether you rely on private or institutional investors, it is essential that you fully understand the terms under which finance will be made available to you in the UK or in Poland.
We can help you to understand the terms of what are sometimes quite complex documents which should not be entered into without a full appreciation of the risks for your business.
Your board of directors and/or senior management team will need to be familiar with cross border implications of conducting business in Poland.
We provide board briefings, legal and compliance risk assessments, and evaluations to equip your board and senior management teams to deal with the challenges of operating across international borders.
We can help you put in place governance policies and procedures and design and deliver training for staff who need to comply with those policies and procedures.
Regulatory and Compliance
If you operate in the financial services you will already be familiar with the challenges of satisfying the myriad of regulatory and compliance issues which affect your business.
If you are operating in the construction industry, in transport, or defence and security, you will be familiar with the UK regulatory environment and how it impacts on your business model.
Whilst many of the current regulations have a common origin in the EU, you may find that there are significant challenges when operating in Poland which will need to be identified and managed.
Using our advisors in the UK and in Poland, we can assist you to identify the relevant regulations and advise you on your compliance programmes.
You will need to decide how best to establish the status of those people who will work with and for you in Poland.
Depending on how you set up the employment relationship the Polish Labour Code may apply to UK employees working in Poland and to employees from Poland working in the UK.
Establishing clear contractual arrangements which govern the employment relationship are essential. Further, you may need to be aware of, and comply with, important facets of the Polish Labour Code such as the rights to minimum pay, holiday and notice periods as well regulations which impact on working time or overtime work.
Ensuring that you have an effective labour relations policy is essential to both the protection and promotion of your business.
If you are looking to secure premises in Poland from which to run your business you will need local advisers to assist you.
If you are looking to develop property in Poland local advice is essential before committing to any property development project.
We can help you to identify suitably qualified professional advisers in the real estate sector.
If a dispute arises, you will want to be in the best negotiating position to resolve that dispute.
Not all disputes end up in court. Where it is possible to achieve a solution through mediation, arbitration or some other form of alternative dispute resolution, we can advise and assist you through the process of achieving a settlement.
If a settlement is not possible without going to court, then our litigation teams in the UK and in Poland can represent you in the proceedings.