erewrbtt-in

What does your legal company deal with ?

This is the question that I often reply to. I usually say, that I like the companies matters (not only litigation), that I deal with real estate law and intelectual property law. But what exactly ? Here you will find the sample of the most important matters, that last month we had been dealing with. 

 

SELECTED CASES IN OUR LEGAL OFFICE IN APRIL 2017. 
 
COMPANY LAW AND COMPLIANCE MATTERS:
1. Division of the company on the basis of art. 529 § 1 4) of Commercial Companies Code.

2. Preparation and implementation of shareholder program for the key managers.

3. Creation of system of proxies.

4. Case: What to do if the company has a two-person representation, the management is reluctant to grant authorities and the employees should have authorities to submit offers individually to let them perform their duties.

5. Consultancy on the transformation of  production company owned by one person. Commencement of the transformation procedure into limited liability company. 

6. Consolidation of General Terms and Conditions of Sale Agreements of the Polish company with Terms & Conditions of Sale of other international capital group companies.

7. Analysis of the legal status of the association, whose Management Board does not comply with statutory obligations.

8. Preparation of the Shareholders Meeting according to art. 233 § 1 of the Commercial Companies Code.

9. Preparing and submitting to National Court Register (KRS) overdue company documentation (for 2013-2016). 

 

REAL ESTATE:
1. Appeal proceedings in front of the Supreme Court in the division of legacy and abolition of co-ownership of real estate. Legal issues, among others: the scope of jurisdiction in  inheritance cases.

2. Proceedings in front of Self-Government Appeals Board (Samorządowe Kolegium Odwoławcze) on appeal from the decision on division of real estate. Legal problems, among others: legal effect of the indication in the division decision who the owner of the separate parcel is.

3. Assertion of claims related to overpayment of bank credit as the effect of clauses in credit contract that are not allowed.

4. Division of legacy and abolition of co-ownership of property occupied by only one of the co-owners, combined with the settlement of fees for non-contractual use of the all real estate.

5. Consumer bankruptcy of a mortgage borrower whose ex-spouse does not regulate mortgage loan installments and does not pay debt due to our client according to the decision on division of property of ex spouses.

6. Transfer of ownership of property in exchange for maintenance.

7. Collection of debt of mortgage credit co-borrower who does not participate in payouts.

8. Analysis of the documentation of the housing community in terms of compliance of the activities of management board and the administrator with the provisions of the property law.

9. Litigation aiming to return of the equivalent of expenditures on the lender's property.

10. Representation of the heirs of the deceased, whose debt was secured by mortgage on the property of another deceased person.

11. Representation in the case of suspension of the ownership rights, which consists in the ban on the disposal of real estate acquired by third parties.

12. Representation in the division of property belonging to both spouses in the case of the creditor of one of the spouses seeking to be satisfied. Credtior aims to gain ban on the transfer of real property of common spouses.

13. Representation in the case of getting consent for the activity beyond the ordinary management of the common property. 

 

INTELLECTUAL PROPERTY LAW, PERSONAL DATA LAW, GOODWILL:
1. Preparing an opinion on the possibility of transferring personal data to the USA and Switzerland.

2. Drafting the egreement between the Polish and the German companies on entrust of processing of personal data collected in Poland.

3. Conducting the proceedings of the registration of different trademarks.

4. Conducting the litigation on behalf of the trader A in case related to the placement by person B a work that right to which has the person C on the website of the company D.

5. Representation of the director of the town hall in the dispute on infringement of personal rights.

6. The analysis of the obligations of the real estate broker in the processing of personal data acquired from another entrepreneur who fulfills the obligations of the protection of personal data (consent of the holder).

7. Analysis of the possiblity of the use of the Trademark of company A on the webpage of company B simultaneously with the performance of the contract on web services conducted between A and B.  

8. Searching for group of individuals who may be held liable for potential breach of personal data protection obligations by a company belonging to an international group. 

 

PUBLIC TENDER LAW:
1. Possibility of early termination of the contract concluded in the public tender law regime in case of introduction of new technology.

2. The ability to use third party resources in the event that the Specification of Essential Order Conditions (SIWZ) did not regulated this issue while the use is only potential (possible) and related to the key part of the order.

3. Possibility of free ordering after cancellation of the tender. 


INTERESTING BUSINESS DISPUTES:
1. Representing the plaintiff in front of Regional Court in P. in the price dispute after submitting a declaration of withdrawal from the contract, which in the defendant's opinion is completed.

2. Representing the construction company in front of the District Court in O. in the payment dispute launched by its subcontractor for works resulting from the contract and for extra works in the absence of the acceptance protocol.

3. Representing the company in the payment dispute - my client ordered works, but the parties did not specify remuneration.

4. Representing the company that services devices in a payment dispute in which defandants claims that warranty regulations were breached.  

 

EMPLOYEES MATTERS:
1. Liquidation of the Company Social Benefits Fund.Agreement.

2. Entrust of the employer duties to the persons employed by other companies of the capital group.

3. Agreements on termination of employment contracts combined with the payment of bonuses in accordance with the rules specified in the regulations, which are not internal regulations of the employer.

4. Launching of court proceedings against former chief accountant in accordance with the damage made to employer.

5. Analysis: entitled to conduction of initial and periodic work safety trainings. 


OTHER AGREEMENTS:
1. Preparation of the sale contract with the Ukrainian partner.

2. Preparation of the construction contract between a private investor and an construction company.

3. Reviewing the contract for construction works between the entrepreneur and the construction company.

4. Drafting a service contract.

5. Agreement on participation in the accelaration procedure (for startups) - providing the opinion.