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Consumer bankruptcy – how long does the procedure take and what does it involve?
For several years now, personal bankruptcy has been gaining popularity among debtors seeking a real chance for a financial restart. Many wonder if it's possible to declare bankruptcy without assets and how long the entire process takes. It's worth taking a step-by-step look at it. TABLE OF CONTENTS: What is personal bankruptcy? Who can declare personal bankruptcy? How long does bankruptcy take? Stages of bankruptcy proceedings. How to expedite the proceedings...
Simplified restructuring – benefits for entrepreneurs and why it still raises concerns.
Simplified restructuring is a tool that allows entrepreneurs to maintain control over their company, avoid bankruptcy, and rebuild financial stability. At PMR Restrukturyzacje SA, we have been supporting entrepreneurs in their restructuring processes for years, helping them navigate difficult decisions and emerge from the crisis with a stronger market position. A few words about the article - Listen to the benefits of entering the simplified restructuring process. Table of Contents: Maintaining control over your company and financial situation. Restructuring...
Can a management board member challenge the company's tax liabilities?
A New Interpretation of Article 116 of the Tax Ordinance in Light of EU Law. Until now, management board members facing tax arrears proceedings have often been deprived of any real defense tools. Proceedings concerning joint and several liability of a management board member for the company's tax obligations have been limited solely to examining whether the conditions for such liability have been met, without the possibility of challenging the tax decision itself.
Deadline for filing for bankruptcy and the management board's liability for tax debts
What do the latest CJEU judgments imply? For management board members of companies, filing a bankruptcy petition on time is not only a statutory obligation—it's also a key element of protection against personal liability for tax liabilities. The latest CJEU judgments underscore the importance of this action and strengthen the position of tax authorities. TABLE OF CONTENTS A few words about the article - Listen: Presumption of guilt of a management board member. The petition as a protective shield. Delayed action – the risk of liability...
Criminal liability of the management board related to the company's debts
Being a board member brings prestige, influence, and the opportunity to shape the company's development direction. But it also carries a responsibility that, in the event of financial difficulties, can expose the board member not only to creditor claims but also to the attention of law enforcement agencies. Therefore, board members should be aware of the criminal liability they face in connection with their role. Below, in a nutshell, are the most important regulations that every board member should be familiar with.
Taxation of family foundations after the changes – a guide for entrepreneurs
The government has published a draft amendment to the Corporate Income Tax (CIT) Act, which also covers family foundations. The changes aim to counter tax abuse and restore the institution to its original character – a succession tool, not a vehicle for tax optimization. The draft (no. UD293) has been added to the Council of Ministers' legislative agenda. TABLE OF CONTENTS: About the article - Listen Key assumptions of the draft Reasons for the amendment Assessment of the proposed changes...
Sale of real estate by a family foundation and exemption from income tax – an important decision of the Provincial Administrative Court
The introduction of family foundations into the Polish legal system was a milestone in family asset management and business succession. This tool has gained significant popularity, in part due to favorable tax regulations. Pursuant to Article 6, Section 1, Item 25 of the Corporate Income Tax Act, a family foundation—if it conducts business activities listed in Article 5 of the Family Foundation Act (hereinafter referred to as the Family Foundation Act)—may benefit from income tax exemption. Key...
Payment order in payment order proceedings – why is it worth using it?
A Faster Path to Debt Recovery In business and private relationships, situations arise where a debtor fails to settle their debts despite the payment deadline having passed. In such a situation, the creditor faces a choice: pursue full court proceedings or utilize the simplified procedures provided for in the Code of Civil Procedure. One of the most effective tools is a payment order in payment order proceedings. TABLE OF CONTENTS: Legal basis and conditions for obtaining a payment order...
Why do seniors delay succession? Psychology, experience, and family foundations provide the answer.
Many family business owners have built their empires from scratch. For them, a business is much more than a means of earning money—it's the result of a lifetime's work, a source of identity, prestige, and control over the family's future. With the growing need for succession planning and the emergence of better succession tools like family foundations, we often hear: "it's not the right time yet," "the children aren't ready," "maybe in a few years." Where does this reluctance to act ahead of time come from? And how...
Pensioner's personal bankruptcy – who and when can file a petition?
Consumer bankruptcy is a legal mechanism that allows individuals who have become insolvent, meaning they have permanently lost the ability to make timely repayments, to settle their debts. Age is not considered a barrier – retirees and pensioners can use this procedure on the same terms as working or unemployed individuals. The key requirement is demonstrating insolvency and the absence of reasonable grounds for rejection. This type of bankruptcy allows, under certain conditions,...
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