The corporate charter of the target should be reviewed before the transaction
Comments on restrictions on the sale of shares under a company’s articles of association or statute.
Proposed changes in merger control regulations
On 15 May 2012, the Polish competition authority published a white paper proposing amendments to the Act on Competition and Consumer Protection of 16 February 2007.
Validity of contracts when a party is not properly represented
One of the conditions for the effectiveness of a contract is proper representation of the parties when the contract is concluded. In other words, it matters who signs the contract.
Is the Alternative Investment Fund Managers Directive already in force in Poland?
Poland has yet to adopt regulations implementing AIFMD, but that does not mean that nothing will change on the Polish market for private equity and closed investment funds in the next few months, before the new regulations are enacted here.
When is a company prohibited from paying out money to its shareholders?
Risks connected with shareholders’ receipt of money from a limited-liability company out of the assets necessary to cover the share capital.
Transfer of rights and obligations under commercial contracts
Comments on statutory and contractual restrictions on the assignability of agreements.
Is it worth risking inaccurate statements in the representations and warranties?
In transactions involving the sale of shares in companies in Poland, as well as agreements on sale of enterprises or significant assets, the representations and warranties of sellers are becoming more and more extensive.
Development of high-quality agricultural land? Only with the permission of the minister
The Act of 8 March 2013 Amending the Act on Protection of Agricultural Land and Woodlands went into effect on 26 May 2013—introducing major changes affecting persons seeking to build on highly productive agricultural land.
Sale of a business and transfer of commercial agreements
The acquirer of an enterprise does not automatically become a party to commercial agreements concluded as part of the business operated by the seller.
Wave of bankruptcies among Polish companies: An opportunity for bargain-hunters?
Acquiring assets through a bankruptcy proceeding may be more beneficial for the buyer—and not only for purely economic reasons.
2013 Lex Mundi Environmental Practice Group Global Meeting conference in Amsterdam on 8 May 2013
The firm Houthoff Buruma, in Amsterdam, hosted the annual meeting of environmental lawyers affiliated to Lex Mundi.
Managing environmental transaction risks
Infringements of environmental law lead to ever greater liabilities. So it is unsurprising that in recent years investors have been increasingly interested in assessing risks arising from environmental regulations.
