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LAW OF COMMERCIAL COMPANIES AND PARTNERSHIPS - SUPPORTING PROJECTS AIMED AT IMPLEMENTATION OF CORPORATE GOVERNANCE In view of market needs and the complex and complicated ownership and management structure of top Polish companies we provide legal counsel on standardization projects within the area of corporate governance to various sector and holding companies. Interested holding or multi-company corporations can standardize their principles of ownership supervision, management and cooperation procedures applied to their subordinated companies and implement transparent legal and organizational structure. While introducing corporate governance principles we help to create clear relations between the owner (shareholders' meeting) and the management board, introduce normative principles to solve conflicts of interest in the company and any contradictions between shareholders and stakeholders (the latter including, inter alia, local governments, clients, consumers, cooperating parties, users of local infrastructure, etc.). Implementation of corporate governance renders tangible economic benefits - cost optimization, better supervision over cash flows and asset management, improvement of overall effectiveness and, first of all, transparency, which is necessary if a company wants to successfully raise funds. Our services include due diligence of the company and its subordinated entities, particularly investigations of their organizational and capital structure, legal and statutory conditions under which the company and its subordinated entities operate, and the relations between the entities that make up the company's enterprise. We also assist the management and the owner in the determination of the best legal standards that should be applied in the company and offer support during their implementation. At this stage it is necessary to prepare expert opinion on the so-called legal environment, advise on the law of commercial companies, competition law and labour law, participate in internal and external consultations and negotiations with stakeholders and, finally, prepare legal documentation (e.g. draft amendments to articles of association, statutes, regulations, applications to supervisory bodies and to the registration court). When projects are large, the Office involves renowned experts of capital and financial instrument markets, tax advisors and advisors on the quality management system. The Office attaches great importance to the systematic development of practice in the law of the European Union. Our associates include renowned experts on community law who can provide our clients with analyses and information about any planned amendments to community law, particularly as regards the European standards of corporate governance and the law of commercial companies. top of page MERGERS, PRIVATIZATION AND RESTRUCTURING Lawyers and associates of our Office have extensive experience in providing legal assistance to stakeholders wishing to merge, privatize or restructure their companies and to start joint ventures. The services rendered by us include: due diligence of entities - parties to the transaction, expert opinions and advice on specific disciplines of law, comprehensive legal investigations of the transaction and its implementation. Our lawyers prepare their opinions drawing from the experience they have gained while participating in many merger and acquisition transactions on the European and American markets. All the opinions follow the standards required by EU legislation. top of page PUBLIC AID, EUROPEAN FUNDS, INFRASTRUCTURAL PROJECTS Królak i Wspólnicy Law Office advises on public aid extended to enterprises, focusing on the use of EU sources of finance while developing or implementing public aid projects. We support implementation of projects at small, medium-sized and large enterprises, which seek to obtain subsidies from European funds, both for investment and consulting. Using the aid extended in accordance with the EU cohesion policy, companies can obtain funds to finance purchases of fixed assets needed by their new enterprise, expand their existing enterprise or launch new products or optimize the production process, diversify their production or modernize production facilities. The funds can also be used to buy intangible assets related to technology transfer by purchasing patent rights, licences, know-how, including unpatented technical knowledge. Companies can also obtain EU funds to finance specialist consulting that helps to introduce innovative procedures and practices in the company, thus increasing its competitiveness. We can advise companies how to expand their offer and launch new products, how to acquire a new client group, including on the European markets as well as how to computerize the company, optimize the sale logistics of their products and services and how to improve and optimize internal management and how to obtain quality certificates for their products and services (ISO). Apart from the preparation of proposals for EU subsidies, we offer fund clearance services. The entrepreneur, who obtained EU funds, is obliged to submit payment orders on the basis of which s/he obtains the subsidy and investment project progress reports, which are necessary to properly close the project. We offer professional assistance in the preparation of business plans and feasibility studies. Our offer comprises both preparation of the documents according to the template prepared by a given bank, financial institution or investment fund, as well as their completion according to the best practices. Our experts prepare feasibility studies to meet an array of our clients' investment needs. Moreover, we are involved in legal practice related to public utility services, including in the energy and mining sectors. Our associates advised on joint ventures established to implement novel undertakings involving the use of renewable energy. top of page COMPETITION LAW Our clients have access to our services in the field of antitrust law and unfair competition law, including consulting on fighting practices, which restrict competition and violate the interests of market players and consumers, as well as acts of unfair competition. Our Partners and Associates have extensive knowledge in European antitrust regulations and we can offer our clients assessment of their market practices from the point of view of antitrust law. Our clients can also be informed about antitrust regulations of the community law, which became effective in Poland when she joined the European Union. The high level of legal aid in proceedings before EU bodies is ensured thanks to the extensive international experience of our lawyers in the public sphere. We can assist entrepreneurs and help them to eliminate the possible risk of violating antitrust regulations, represent their interests before antitrust courts and ensure more favourable conditions for their activity. We can also represent our clients in court proceedings instituted to recover damages incurred as a result of the violation of competition rules. top of page LABOUR LAW We offer legal assistance in the field of individual and collective labour law. We are particularly experienced in the preparation of contracts of employment, managerial contracts, unfair competition agreements, internal regulations (e.g. labour regulations, compensation regulations), and collective agreements. Our practice is focused on the representation of employers in the settlement of industrial disputes, protection of the interests of companies in disputes, including their representation in courts, negotiations with trade unions, settlement of collective disputes, legal analysis of labour issues in companies acquired by other entities. Our staff have particular experience in handling such cases on behalf of the leading companies in the mining sector. When handling labour law cases, we are assisted by renowned academics. top of page SETTLEMENT OF COURT DISPUTES. ARBITRATION The high level of legal assistance in substitution in proceedings at law is attributed to the professional experience of our lawyers. The team of lawyers and legal counsels provides high level substitution in proceedings at law before the Supreme Court, Supreme Administrative Court, regional administrative courts and courts of appeal. The lawyers, assisted by the clients, prepare the trial strategy, always keeping in mind not only the final result but also the need to optimize trial costs and the use of legal instruments to most effectively support the client in court. We also provide efficient and top quality substitution in proceedings at law in courts of first instance. Whenever we handle complex cases of a strategic importance to the client, we suggest to rely on expert opinions prepared by renowned specialists in individual disciplines of law, who provide relevant support to our lawyers and legal counsels. top of page PUBLIC PROCUREMENT AND FIDIC CONTRACTS In this area we offer services to participants in tenders organized pursuant to the provisions of the public procurement law. We assist our clients in the preparation of tender bids, prepare appeals and protests on their behalf as well as represent their interests before the Arbitration Panel of the Public Procurement Office President. The public procurement activities of the Law Firm include in particular the provision of services to participants of proceedings organized on the basis of the Act on Public Procurement. The Law Firm assists clients in preparing bids, prepares appeal documents on their behalf (protests, appeals), as well as represents the clients before the Arbiter Team of the President of the Polish Public Procurement Office. Additionally, the Law Firm provides comprehensive services in the field of Contracts, in particular public contracts, based on FIDIC Contracts, both at the preparatory stage, at the stage of issuing opinions regarding the complete Projects, and for the Contracts in force. We offer legal and business support for the Procurer and/or Engineer or Contractor (Bidder) or other Parties (Subcontractors, Financing Institutions etc.). We specialize in performing the functions of an Advisor-Consultant, permanent Mediator in Disputes, and Legal Contract Administrator, as well as in analyzing and modelling of new Contracts, using our innovative solutions prepared by our Consultants. top of page
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