Tendering Legalities in Poland Pawel Rataj Chartered Legal
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Tendering Legalities in Poland Pawel Rataj, Chartered Legal Practice Pawel Rataj – Managing Director Bartek Marzec – Director
Business in Poland • More Bureaucratic than Ireland o Important to keep detailed records o Processes can take time • Correct preparation & presentation of documents is very important • Legal Structure o Origins of Law § Ireland – English Common Law System § Poland – Continental Civil Law System o Adoption of EU Legislation o Regulations which will impact Business § Civil Code § Commercial Code § Freedom of Business Act § Labour Code § Tax Legislation § The Accounting Act § Public Procurement Act
Establishment of a Company • • Number of Different Options o Limited Liability Company o Joint Stock Company o Limited Partnership o Sole Trader o Branch Limited Liability Company – Two Options o Set-up your own company from scratch o Buy a shelf company
Establishment of a Company • • Setting up your own company from scratch o Locate official address for company o Apply for a REGON number (Central Statistics Office) o Open a Polish Bank Account o Apply for NIP number from Tax Office o Register the company (KRS) o VAT Registration o Register for Social Security for hiring employees (ZUS) o Notify the national labour inspectorate o Apply for necessary permissions & licences if required Process can take up to 2 months
Establishment of a Company • • Purchase a Shelf Company o Can be fully registered and operational within 24 hours o Cheaper – as registration of a new company can prove costly o Buying previous company’s credit history Points to consider when operational o Document records to be kept in Polish o Monthly reporting to fiscal authorities o Periodic reporting to other statutory authorities o Annual financial statements submissions to court & tax authorities o General compliance and provisional exit strategy
Public Tendering – Legal Aspects • • Deposits o Size – variable depending on tender o Can be by Cash or Bid Bond o Return Process o Forfeiting Deposit o Mitigation Measures Penalties o Must be applied by law o Rate per day – variable depending on tender o Change of rate o Real damage recovery
Public Tendering – Legal Aspects • Contract Flexibility o Read contracts thoroughly o Examine for clauses allowing changes to: o • • § Timescales § Delays outside of preferred bidders control Raise questions Document Submission o All information must be correct to endure protest period o Validity Date – All documentation must be valid on submission date Payment o Staged Payments o Client keeps project retainer until warranty period has elapsed
Questions And Answers • We are happy to answer any queries on the above • We are happy to discuss any specific legal matters you have • Please feel free to contact us, either by phone or visit our office Contact: Bartek Marzec – 0048 784583058 ul. Wroblewskiego 2/4, 31 -148 Krakow www. kancelaria-rataj. pl bmarzec@kancelaria-rataj. pl • We hope you found the presentation beneficial
