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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,...
Your contractor doesn't pay on time? Check if you're entitled to compensation for debt recovery costs!
Tired of late payments? The law is on your side. Many entrepreneurs, especially those in the SME sector, struggle daily with late payments from contractors. Unfortunately, late payment of invoices not only causes cash flow problems but also additional costs and stress. The good news? You are entitled to compensation for debt collection costs – even if you didn't incur any costs, don't use a debt collection agency, or take the case to court.
Debt Relief for Companies and Individuals – Effective Debt Recovery Strategies (Judicial, Extrajudicial, Anti-Debt Collection)
Debt relief is a complex but crucial process that allows individuals and entrepreneurs to regain financial liquidity, secure their assets, and begin a new phase of their lives or business. Choosing the right debt relief tool depends on many factors, including the legal form of the business, the type of debt, the financial status, and the stage of enforcement. How can we get rid of debt? Below is a summary of possible actions. A few words about the article - Listen Table of Contents: 1....
Family governance and family business succession – how to secure assets for generations?
Introduction: Many companies established in Poland in the 1990s, faced with a changing economic and demographic reality, have been facing the serious challenge of a lack of succession for several years now. The founders, who spent decades building their businesses, often failed to prepare a plan for transferring power and wealth to subsequent generations. There were also often no incentive mechanisms to convince the younger generation that it was worthwhile to co-develop the businesses their predecessors had founded.
Restructuring without tax risk? The head of the National Revenue Administration (KAS) confirms: it's possible
Are you planning to change your company structure, implement a succession plan, or change your tax model? The latest opinions from the Head of the National Tax Administration (KAS) clearly demonstrate that restructuring with a business justification doesn't have to be treated as tax avoidance. Moreover, it can be assessed as entirely rational and consistent with market standards. CONTENTS: A few words about the article - Listen. What was the subject of the cases? Conclusion: restructuring doesn't have to mean risk. What is a security opinion...
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