- How do the awards work?
- The Legal 500 United Kingdom Awards 2013
- The Legal 500 United States Awards 2014 - In-house winners
- The Legal 500 United States Awards 2014 - Law firm winners
- The Legal 500 Latin America Awards (coming soon)
- The Legal 500 Germany Awards (coming soon)
- Frequently asked questions
- Legal market overview
- Banking and finance
- Capital markets
- Corporate and M&A
- Dispute resolution
- Energy and natural resources
- Intellectual property
- Real estate and construction
- Restructuring and insolvency
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Legal market overview
Growing frustration with the waiting game in the Polish energy sector, as the government delays in issuing new guidance, led to the exit of two international energy companies from the market in 2013; Iberdrola and Dong Energy withdrew from the market, with PGE and Energa acquiring the Polish assets of both companies. There has also been a flurry of activity in the private healthcare market, including BUPA’s acquisition of the Lux Med Group, by way of international auction.
This year sees the addition of a Restructuring and insolvency section to the chapter, to cover some of the legal work arising from the country’s ongoing economic challenges. Elsewhere, the Polish dispute resolution market remains buoyant, due in part to continuing difficulties in the construction sector, while the uncertainty created by the changes to the pensions regime has had an impact on stock exchange fundraisings.
In terms of significant lawyer moves, Piotr Gałuszyński left White & Case P. Pietkiewicz, M. Studniarek i Wspólnicy – Kancelaria Prawna sp.k. to head the banking and finance team at Kochanski Zieba Rapala & Partners, with fellow partner Jacek Czabański also joining. Greenberg Traurig Grzesiak sp.k. saw a number of departures, with Paweł Bajno moving to Norton Rose Fulbright, and Piotr Szelenbaum, Maciej Zalewski and Daniel Kaczorowski bolstering the team at White & Case P. Pietkiewicz, M. Studniarek i Wspólnicy – Kancelaria Prawna sp.k..
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Creation of something out of nothing, based on nothing, guaranteed by no one, persuading people that this something is worth anything - we wonder how much longer it will last and how many people will be worse off because of it.
New rules of statutory warranty bring longer deadlines and significantly alter the buyer's rights.
An employee or job applicant has the right to refuse to provide certain information. For example, a woman doesn't have to admit she is expecting a baby. Neither does she need to reveal what her father or husband does.
Business activity in Poland may be conducted in forms similar to those found in other European countries. Available types of business activity include: 1.1 commercial companies comprising: 1.1.1 corporations (limited liability company and joint-stock company); 1.1.2 partnerships (general partnership, limited liability partnership, limited partnership, limited joint-stock partnership); 1.2 branch offices of a foreign company; 1.3 representative offices of a foreign company; 1.4 individual business activity (also as part of a civil partnership). Cooperatives, associations, foundations and cross-border vehicles such as the European Company, or the European Economic Interest Grouping, which may also be used in conducting business in Poland, are not covered by this study. Read the full study here , prepared at the request of Polish Information and Foreign Investment Agency (PAIiIZ).
The Committee for Preparation of Amendments in the Bankruptcy and Restructuring Law, which was appointed by the Ministry of Justice, has recently prepared guidelines for the bill of a new restructuring law. It should be underlined that restructuring proceedings (often confused with bankruptcy proceedings) concern only entrepreneurs threatened with insolvency, but not yet insolvent, and the purpose of them is to make such entrepreneurs capable of conducting business activity.
Because it has never been clearly defined in any legal regulations, sponsorship can be classified in different ways from the tax point of view.
On 1 March 2013, new regulations on the compensation due to employee on account of business travel entered into force, replacing two separate regulations which had applied so far to domestic and abroad business trips, respectively. They not only apply to employees of public sector entities, but also to those working for private sector entities, if those matters are not regulated in collective labour agreements or remuneration regulations.
With recent amendments to Poland's Labour Law, the minimum gross salary has been raised, the obligation to notify regional labour inspectors and competent sanitary inspectors of certain business-related activities and developments has been abolished, and a new equivalent factor for determining the payments due to employees for holidays unused in kind has been introduced. In addition, amendments have been proposed that would impact the length of maternity, parental and childcare leave, govern the use of flexible working hours, and prolong the maximum settlement period to 12 months. This survey provides an overview of these developments and the proposed amendments.
Poland’s renewable energy industry is closely watching the Polish government’s work on an amended draft of the act on renewable energy sources (the "Bill"). The Bill is part of a package of new energy legislation (the "Energy Package") comprising a new gas law, a new energy law and the act containing implementing provisions regarding all those energy acts (the "Implementing Act").
The Exempted Limited Partnership Law, 2014 (the New ELP Law ) has replaced the Exempted Limited Partnership Law (2013 Revision) (the Previous Law ). The New Law includes significant changes to the Cayman Islands' statutory framework regulating exempted limited partnerships ( ELPs ) that will increase the attractiveness of ELPs and will be appreciated by managers, investors and creditors alike. Private equity sponsors in particular will notice substantial improvements that are indicative of Cayman's continuing commitment to balanced and commercially sensible legislation. Read more...
RESTRUCTURING - COURT PROCEDURES
On 23 May 2014, the States of Jersey passed the Companies (Amendment No. 11) (Jersey) Law 201- (the Amendment Law ). This will now be sent to the UK Privy Council for consideration, then laid before the States of Jersey for a final time before coming into force. The latest information we have is that the Privy Council will be approving the law on 19 July 2014 and it may come into effect as soon as 4 August 2014.
The Hague, 4 July 2014 - BarentsKrans has appointed Joost Fanoy as a partner in the Antitrust & Public Procurement department, effective as of July 1, 2014. Joost specializes in European law in general with a particular focus on European and Dutch competition, public procurement and state aid law and is the head of the Antitrust and Public Procurement Practice Group. Joost is also a member of the Cartel damages team of BarentsKrans.
PineBridge Investments Middle East, a global multi-asset class investment manager with regional headquarters in Bahrain, and nearly 60 years of experience in emerging and developed markets, has acquired a 50% equity stake in Romatem, the leading physical therapy and rehabilitation services chain in Turkey.
Isbank issued 750 million USD notes under its GMTN programme established in 2013. The notes are listed on the Irish Stock Exchange and bear interest at the rate of 5 % with a maturity date 2021. Mr. Omer Collak (partner) and Mr. Baris Kencebay (head of tax practice) have acted for the joint lead managers Barclays, Citigroup, HSBC, National Bank of Abu Dhabi and The Royal Bank of Scotland.
Halkbank issued five-year term fixed interest rate US currency notes, with a total amount of USD 500 million with an interest rate of 4.765 % and an annual coupon rate of 4.750 %. The notes offered the lowest borrowing rate in the first five-month period of 2014, and total demand rose nearly nine-fold due to high investor interest. The note issuance drew great interest from international investors settled in the Middle East and Asia, as well as those investors based in the US and Europe. Mr Omer Collak (partner) and Mr Baris Kencebay (head of tax practice) have advised the joint lead managers.
Turkiye Finans issued the first ringgit sukuk originating from Turkey. The bank initially raised MYR 1 billion with a five-year commodity sukuk on June 30, with an annual return of 6 %. The sukuk under the programme will have tenure of one to 20 years. Funds raised will go towards general corporate purposes. The sukuk will be issued through TF Varlik Kiralama A.S., a wholly-owned subsidiary of Turkiye Finans. Malaysia's RAM Ratings has accorded the programme an indicative long-term rating of AA3. HSBC Amanah Malaysia and Standard Chartered Saadiq were the joint advisers. Mr Omer Collak (partner) and Mr Baris Kencebay (head of tax practice) have advised Turkiye Finans and the issuer TF Varlik Kiralama A.S.
Ziraat Bank, the largest state owned bank of Turkey, established GMTN programme on 21 May 2014, for the notes to be issued up to USD 2 billion listed on Irish Stock Exchange. The notes are unconditional, unsubordinated and unsecured obligations, and rank pari-passu with Ziraat Bank's other senior unsecured obligations.
Vakifbank issued EUR 500 million 5-year unsecured and unsubordinated notes under the first GMTN programme of Turkey established in 2013. The notes are listed on Irish Stock Exchange and bear interest at the rate of 3.5 % p.a. with a maturity date 17 June 2019. This is the very first EUR denominated RegS offering of a Turkish entity.