Tomasz Szarek

👉 As almost every year, Nexia Advicero is one of the Partners of the conference organized by Solarplaza which takes place today in Warsaw. One of the panelists was already Katarzyna Klimkiewicz-Deplano, who presented the latest tax & financial considerations for investing in large-scale Solar PV Projects. Her session topics were among others: 🔹 How to finance a RES project in Poland in the most tax-effective way 🔹 How financial costs impact the tax shield 🔹 How profit distributions are taxed 🔹 The crucial tax burdens having economic impact on the rentability of the project and its profit 🔹 Exit scenario – the appropriate tax measures for exit processes and the post-exit stage #RenewableEnergy #Solar #Renewables #Energy #Energetyka #EnergetykaOdnawialna #SolarplazaSummitPoland #SolarEnergy #AdviceroNexia 

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I am honored to share that the next article in my series on FinTech law has been published. In this installment, I set forth the fundamental juridical institutions established by the European PSD2 Directive and their relationship with FinTech companies. I look forward to its practical implications that are going to be described in the next part! 🤓 https://lnkd.in/dixvHc_P #PSD2 #Directive #FinTech #Article #Law

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❓ What are the funding opportunities of limited liability company (spółka z o.o.)?   ✅ The current legislation on Polish limited liability companies provides the following mechanisms for shareholders:   1. increase of share capital: (i) standard – amendment to the articles of association in the notarial deed; (ii) simplified – without amending the articles of association, without a notary public, but: only in proportion to the existing shareholders, and only within the time and limits previously set in the articles of association;   2. additional payments from shareholders, only if previously allowed in the articles of association;   In addition to the corporate opportunities mentioned above:   3. loans from a shareholder or group entity or credit facilities and leases;   4. state aid subsidies, which we mention only in passing.   ❔ What is the best solution?   ✅ There is no best solution - it all depends on the individual case, and the following circumstances sometimes determine which mechanism to choose:   ·  possibility (or complications) of repayment; ·  impact on the balance sheet (equity vs. liabilities); ·  impact on the shareholding; ·  taxation issues, including tax on civil law transactions (PCC), reporting obligations (MDR), the issue of valuations, etc.; ·  timing of funding and formal procedures involved; ·  possible legal or contractual restrictions (e.g. agreements with banks).   ✅ As you can see, the factors that need to be taken into account are many.   © Karol Skibniewski i Maksym Shcherbyuk   #sks #dofinansowanie #spzoo #corporatefunding #фінансуваннякомпаній #korpotematy

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During DLC - Distribution Law Center ambassadorship we aim not only to boost an interest in our common multijurisdictional project but also to cast some lights on the local particularities in the area of vertical agreements. Interested in decisional practice in Poland? Here is the most concise review you may get about Poland by Agata Jurkowska-Gomułka

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🚨 Calling All Business Leaders in Slovakia! 🚨 With the legal deadline for holding your AGM just two days away, ensure your meeting is compliant and successful with Klea's comprehensive checklist! ✅ Our latest blog post provides a creative, step-by-step guide to help you navigate pre-meeting preparations, engage shareholders, conduct the meeting effectively, and handle post-meeting actions. 📊✍️ Key Highlights: 📅 Convene the meeting and prepare a thorough agenda. 📢 Engage and notify shareholders properly. 🗳️ Meet quorum requirements and establish voting procedures. 📈 Prepare and approve financial statements. 📝 Ensure accurate and signed meeting minutes. 🔄 Handle corporate changes and dividend management. 📂 File necessary documents and maintain up-to-date records. Don't leave anything to chance—double-check every step to safeguard your company's legal and operational integrity. 🌟 Draw on Klea’s extensive AGM expertise and read our detailed blog post for a smooth, compliant AGM process. 👉 Read the full checklist on our blog now! https://lnkd.in/dv--ASRw #AGM #BusinessCompliance #CorporateGovernance #Slovakia #KleaBlog

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We’re glad to inform you that ALTO in collaboration with JLL, Hays and Polish Investment and Trade Agency (PAIH) co-created the Made in Poland Report. A project highlighting Poland as a thriving economic landscape capable of bringing new opportunities to your business.   Join us on the 23rd of May 2024 at 10 AM at Polish Investment and Trade Agency Information Centre (12 Bagatela Street, Warsaw) for the premiere event of the #MadeInPolandReport by registering under this link: https://lnkd.in/dVuAfgMe   Agenda includes an official premiere of the report as well as panel discussion and an opportunity to network with other participants.   We hope to see you there!   #madeinpoland #investinpoland #businessinpoland #manufacturing #manufacturingreport

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Slovak Denník E, an economy-focused affiliate of Denník N, published a piece on potential risks of involving Chinese construction companies in PPP #railway #infrastructure projects in #Slovakia, with my comments on the issue. I have pointed out several problems that China-led infrastructure projects in Europe faced in the past: ➡️ In 2011, the Chinese firm #COVEC won a tender for the construction of a motorway in #Poland, which it could not complete due to a significantly lower bid price than the real cost. COVEC offered a price up to 50% lower than the contracting authority's estimate. ➡️ In #Hungary and #Serbia, Chinese contractors are involved in constructing the Budapest-Belgrade railway. However, the project has been significantly slowed down due to the contractors' inability to guarantee compliance with European #safety standards. At the same time, doubts are circulating around the project regarding its cost and financing through a Chinese loan, compounded by high levels of non-#transparency. ➡️ China was also involved in constructing the Montenegrin highway, built by the China Road and Bridge Corporation and financed by the Export-Import Bank of China. This was a project that the EU initially refused to finance due to its financial unsustainability. As a result of the Chinese financing, #Montenegro's public debt increased significantly and almost caused the state to go #bankrupt. The project has also been linked to #environmental scandals, such as the destruction of the Tara River Gorge, a UNESCO World Heritage Site, during construction. ➡️ The Croatian experience with the construction of the #Pelješac Bridge is also interesting. This was the first infrastructure project to be built by a Chinese contractor and financed with EU funds. While the project was successful, doubts surrounded the tender in which the contract was awarded. The China Road and Bridge Corporation supposedly delivered the lowest price thanks to receiving state aid from the Chinese government. This case led to the adoption of the EU's Foreign Subsidies Regulation (#FSR), under which the #EU Commission is investigating the effects of Chinese state aid on competition in the EU's single market in several cases. ➡️ As FSR is now in force and kicking, there is a risk that any Chinese contractor that would be delivering the PPP projects in Slovakia could also be investigated over whether it receives unfair #subsidies from the Chinese government that contribute to price undercutting, potentially driving European firms out of tenders. ➡️ From an economic point of view, it is necessary to look at several indicators that will influence the attractiveness of such projects - e.g., the extent of involvement of local subcontractors of works and materials, financing conditions (involvement of Chinese banks, interest rates, etc.) 🔗 https://lnkd.in/df2ikikm

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Last week, I had the great pleasure of participating in the Quantum Panel during the conference,  ‘Law and New Technology’, organized by Regional Chamber of Legal Advisers (Cracow) in cooperation with Akademia Leona Koźmińskiego (Kozminski University), Uniwersytet Jagielloński w Krakowie, AGH University of Krakow and AI Law Tech Foundation It was a pleasure to discuss quantum issues with gen. Włodzimierz Nowak, dr hab. Paweł Przybyłowicz, prof. AGH, MBA, Dorota Skrodzka-Kwietniak and Miłosz Horodyski We discussed such important issues as: 🔷Polish quantum strategy  🔷Legal aspects of Quantum AI  🔷Influence the quantum computers for cybersecurity (quantum and post quantum cryptography), 🔷Legal challenges for quantum technology  I hope that this kind of meeting and discussion will contribute in building a quantum strategy and strong quantum ecosystem. The aim of our AI Law Tech Foundation is supporting this kind of initiative. #Law #quantum #ITLAW

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Our #workshop is out! #Legal #information retrieval, meets artificial intelligence! Thanks to Andrea Tagarelli to be our keynote speaker! #ai #informationretrieval #unil see you at #ht24

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It was the declaration of the Constitution of 3 May 1791 of Poland which is the first modern constitution in Europe and second in the world after the USA. https://lnkd.in/dpxu_xHS https://lnkd.in/dxYBWNd4

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DLA Piper Poland, together with Deloitte and mBank S.A., had the honour of co-hosting the IPFA event "𝗜𝗻𝘃𝗲𝘀𝘁𝗺𝗲𝗻𝘁 𝗢𝗽𝗽𝗼𝗿𝘁𝘂𝗻𝗶𝘁𝗶𝗲𝘀 𝗶𝗻 𝗨𝗸𝗿𝗮𝗶𝗻𝗶𝗮𝗻 𝗜𝗻𝗳𝗿𝗮𝘀𝘁𝗿𝘂𝗰𝘁𝘂𝗿𝗲." IPFA is a global professional association for organisations involved in the infrastructure and energy financing industry. The event provided a platform for stakeholders and experts to engage in comprehensive discussions, exploring opportunities and challenges and exchanging knowledge and insights critical to the future of Ukraine’s infrastructure landscape. The main conclusions of the discussion were as follows: ➡ Given the extensive damage caused to Ukraine's infrastructure by the Russian invasion, there is an urgent need to increase global cooperation and investment to facilitate Ukraine's path to reconstruction and normalcy. ➡ The estimated reconstruction needs for infrastructure in 2024 alone are EUR 15.3 billion. While the cost of reconstruction across all sectors is roughly estimated to range from EUR 500 billion to EUR 1 trillion. ➡ The experts stressed that the energy sector should be at the centre of economic recovery. ➡ The reconstruction of Ukraine is a shared global responsibility, requiring concerted efforts from governments, the European Union, international financial institutions, and the private sector. In this respect, immediate dialogue is essential to ensure swift action. See the recap video for more comprehensive insights from the conference, featuring contributions from the following experts: ➡ DLA Piper: Oleksandr Kurdydyk, Adriana Mierzwa-Bronikowska and Colin Wilson ➡ Deloitte: Michael Flynn and Tomasz Ochrymowicz ➡ Bank Gospodarstwa Krajowego: Bogdan Zawadewicz ➡ mBank S.A.: Tomasz Niewola ➡ EBRD: Artem Shevalev ➡ European Investment Bank (EIB): Massimo Novo   #DLAPiper #IPFA #GlobalNetwork #Ukraine #Infrastructure 

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🌍 𝗣𝗼𝗹𝗶𝘀𝗵 𝗖𝗼𝗺𝗽𝗮𝗻𝗶𝗲𝘀 𝗟𝗼𝗼𝗸 𝗘𝗮𝘀𝘁𝘄𝗮𝗿𝗱 Polish companies are dipping their toes into the waters of foreign expansion, with a focus on Eastern Europe. A recent report by Polski Fundusz Rozwoju S.A. (PFR) and PwC Polska, "Direction: East," reveals that while Foreign Direct Investment (FDI) from Poland only accounts for 5% of the national GDP (compared to a staggering 88% average in the EU), there's a still some appetite for exploring new markets. 📈 This cautious optimism is driven by several factors. 𝗚𝗲𝗼𝗽𝗼𝗹𝗶𝘁𝗶𝗰𝗮𝗹 𝗿𝗶𝘀𝗸 is a major concern for 90% of surveyed companies, highlighting the desire for geographically diversified investments. 𝗠𝗮𝗿𝗸𝗲𝘁 𝘀𝗶𝘇𝗲 𝗮𝗻𝗱 𝘁𝗵𝗲 𝗾𝘂𝗮𝗹𝗶𝘁𝘆 𝗼𝗳 𝗶𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻𝘀 (political stability and rule of law) are also crucial considerations. Interestingly, 55% of companies see 𝗿𝗶𝘀𝗸 𝗺𝗶𝘁𝗶𝗴𝗮𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝗱𝗶𝘃𝗲𝗿𝘀𝗶𝗳𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗮𝘀 𝘁𝗵𝗲 𝗽𝗿𝗶𝗺𝗮𝗿𝘆 𝗯𝗲𝗻𝗲𝗳𝗶𝘁𝘀 𝗼𝗳 𝗳𝗼𝗿𝗲𝗶𝗴𝗻 𝗲𝘅𝗽𝗮𝗻𝘀𝗶𝗼𝗻, indicating a strategic approach. 🎯 The 𝘁𝗼𝗽 𝗱𝗲𝘀𝘁𝗶𝗻𝗮𝘁𝗶𝗼𝗻𝘀 𝗳𝗼𝗿 𝗣𝗼𝗹𝗶𝘀𝗵 𝘃𝗲𝗻𝘁𝘂𝗿𝗲𝘀 include countries like the Czech Republic, Romania, Slovakia, and Ukraine, along with China. Emerging markets like Japan, Kazakhstan, Malaysia, Indonesia, and Vietnam are also piquing interest. 🔍 Venturing abroad isn't without its challenges. What I can see in my legal practice is that beyond the 𝗹𝗮𝗰𝗸 𝗼𝗳 𝗿𝗲𝘀𝗼𝘂𝗿𝗰𝗲𝘀 for professional support, companies grapple with 𝗰𝘂𝗹𝘁𝘂𝗿𝗮𝗹 𝗱𝗶𝗳𝗳𝗲𝗿𝗲𝗻𝗰𝗲𝘀 and navigating 𝗰𝗼𝗺𝗽𝗹𝗲𝘅 𝗿𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻𝘀 in new markets. Despite these hurdles, the potential rewards are significant - foreign expansion offers Polish companies the opportunity to bolster their financial strength and spread risk. 🚀 Interestingly, 𝘁𝗵𝗲𝗿𝗲'𝘀 𝗮 𝗰𝗹𝗲𝗮𝗿 𝗮𝗺𝗯𝗶𝘁𝗶𝗼𝗻 𝗳𝗼𝗿 𝗳𝘂𝗿𝘁𝗵𝗲𝗿 𝗴𝗿𝗼𝘄𝘁𝗵. While the current level of Polish FDI is lower, 41% of companies already investing abroad declare plans to further expand internationally in the next 3 years. This contrasts with a global survey by Kearney ("The FDI Confidence Index 2024"), where 88% of entrepreneurs across 30 countries expressed intentions to ramp up foreign investments. This suggests Polish companies, while cautious initially, might be poised for a significant increase in their global footprint. To unlock this potential and foster a more vibrant global investment scene, it's crucial to equip management and entrepreneurs with the knowledge they need. This includes guidance on expansion strategies, promising destinations, and access to supportive - also legal - tools and resources. #BusinessAdvisory #GlobalBusiness #PolishEnterprises #CommerciaLaw

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MARE BALTICUM Gaming & TECH Summit 💫 Starts already today. #Egaming and #Technology industry experts are coming together to create the quality content, share the insights and discuss about the trends. I am honoured to be a part and speak about #eGaming industry #Regulatory evolution and Adapting to the #Baltic standards. And moderate the panel about “Merging Traditions with #Fintech and #Blockchain #Innovations” #fintech #regulation #egaming #gambling #estonia #technology #blockchain #innovation

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🐲 Meet the panelists | Legal Summit powered by Rymarz Zdort Maruta Moderator: Michał Lutek, Ph.D (SPiDOR) Panelists: Wojciech Piszewski (Rymarz Zdort Maruta), Jari-Pekka Kaleva (European Games Developer Federation (EGDF)), Kuba Jankowski (CD PROJEKT RED), Jan Wosiura (Artifex Mundi) 🟢 Topic: AI Governance – Need or Greed? AI is making its entry into video games market with full force, whether one likes it or not. Legislations are being drafted, first legal acts enter into force in the near future. In this panel we will talk on how to navigate the use of AI among different regulations, what to take into account from non-regulatory perspective (e.g. intellectual property rights), as well as discuss AI governance whether it should become a part of any video game company. 🪪 Buy your ticket: https://lnkd.in/dJDwxJWd Find out more about Legal Summit powered by Rymarz Zdort Maruta: https://lnkd.in/d9MR6w8h

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#andersen in Poland has just received an award for taking 2nd place in the most prestigious ranking of Polish law firms organized by “Rzeczpospolita” in the category "Supporting leading transactions on the Polish market in 2023." Thanks to our Clients! Special thanks to #andersen team in Poland! Keep it up! You are the best! #legal #tax #andersen

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From September 29, 2023, a new regulation is in effect that addresses requirements for small payment institutions (SPI). This change affects the guidelines for SPI. However, what exactly has changed? Firstly, the process of registering as a small payment institution has become more challenging. When applying for a SPI license, applicants are now required to submit a greater number of documents (including attachments like: business plan, financial plan, AML policy, risk management policy), to the application for registration. Secondly, the amendments introduced a proviso stipulating new limits on the average amount of financial transactions over a 12-month period, as set out in the financial plan. The total transaction amount is now capped at 1,500,000 euros per month, as set out in Article 117h, paragraph 2, point 1 of the Payment Services Act. Once this limit is exceeded, SPI (as previously stated) will be required to obtain permission from the KNF and “transform” into a National Payment Institution. Thirdly, the SPI is required to establish an account with the payment account provider. This account will be required for the transfer of funds received from the payer in the event of the execution of a transfer order submitted by the payer. While these changes initially created some confusion in SPI registration, we anticipated them. Our regular monitoring of these developments allowed us to prepare for them. This likely explains why we are the only law firm that has successfully registered a small payment institution since the regulatory changes came into force on September 29, 2023. This means that every SPI registered by the Polish regulator since September 29, 2023, is the result of our Fintech team's efforts. If you have any questions, please don’t hesitate to contact us at info@dudkowiak.com. We guarantee that you will receive a response within 24 hours! For more information about SPI, check out our article at dudkowiak.com. https://lnkd.in/d8_iRJqu

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Explore the latest addition to our International Guide to Real Estate Finance - the Czech chapter! 🇨🇿💼 Gain insights into the legal landscape for real estate investors in the Czech Republic, covering: - Security options available to foreign lenders. - Common security instruments in real estate finance. - Practical aspects of security enforcement. - Considerations for lenders regarding lease terms and commercial leases. 🔗Access the Czech chapter for in-depth information on real estate law here: https://lnkd.in/e6gFGZ_h For expert advice and assistance, reach out to Petra Mysakova and Pavel Srb. #RealEstateFinance  #PropertyFinance  #LegalInsights  #LegalUpdates #cmslaw

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Yesterday, over 40 people attended the AmCham Tax & Financial Services Committee’s meeting about new tax challenges for business in Poland! Our speakers were Krzysztof Gil, Partner, and Kamil Stefaniak, Tax Manager, from Tax Advisory Deloitte, AmCham member company.   Together with our speakers, we have discussed new obligations regarding withholding tax, including payment of dividends, interest, royalties, or fees for the provision of intangible services made to the U.S. and other entities and intermediaries. Then we dived in tax of shifted profits which is the new regulation imposing 19% tax on specific flows to related entities. We concluded the meeting with discussing ATAD 2. It is the additional condition to recognize tax deductible costs in Poland, especially significant for the U.S. groups. The attendants underlined that different interpretations of tax regulations by the Ministry and tax offices (also depending on locations in Poland) are a real challenge for business in Poland. As the interpretation is not always uniform, an entrepreneur who misinterprets the tax laws or fails to meet tax obligations may face negative consequences. Thank you to our speakers and Piotr Pikuła and Adam Soska, the Co-Chairs of the Committee for moderating the discussion. #AmChamPoland #Tax #Finance #US #Business

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