New FDI Rules Come Into Force In Poland

New legislation that affects investments in Polish entities by investors from outside the EEA and OECD will enter into force on 24 July 2020. The Act on Control of Certain Investments (the "Act"), recently amended by the so-called Anti-Crisis Shield Act, empowers the President of the Office for Competition and Consumer Protection (the "OCCP") to review foreign investments on the grounds of public security, order and health. The new screening mechanism will apply over the next two years. 

Scope of the Act

The new legislation covers direct and indirect investments by non-EEA and non-OECD investors if they result in the acquisition of control or significant participation (the latter defined as acquiring at least 20 % or 40 % of shares in votes, capital or profits or purchasing/leasing of the undertaking or its organised part in case of asset deals).