Differences between Poland and Denmark examples from legal practice

Transcription

1 Differences between Poland and Denmark examples from legal practice by Paweł Tomasik, partner at Peter Nielsen and Partners Law Office October 2013

2 Stereotypes and prejudices about Poland Go to Poland your car is already there! Poles drink a lot Poles complain a lot Hospitality of Polish people Poles always kiss women s hands when greeting them And what may an ordinary Pole think about Denmark? 2

3 Business etiquette in Poland typically there are no significant differences BUT during the first meeting the physical contact should be limited to a handshake only Poles dress more formally for a business meeting in Poland there is a stronger hierarchy in the company do not start a meeting with the attitude: what is Danish, is better be prepared for a suggestion to have a dinner or lunch together 3

4 Polish law in general civil and companies law is in many aspects similar to German law communistic relicts still exist but they have less importance in business life bureaucracy Polish Achilles heel 4

5 Culture of certificates vs. statements culture your Polish counterparty may ask you for a written proof of authorization, certificates etc. verify authorization of your Polish counterparty expect more paper work when you start business with or in Poland 5

6 Managerial functions in Polish companies one managerial authority - management board strict rules of representation of a company members of the management board may be responsible for debts of the limited liability company (sp. z o.o.) 6

7 Manners of signing contracts in Poland written contracts contracts with signatures confirmed by a notary notarial deeds 7

8 Notaries and other legal professions in Poland notary public bailiff advocate legal adviser 8

9 Differences in legal institutions (examples) retention of title mortgage 9

10 Negotiations with Poles Danish businessman: looks for a solution what is agreed during negotiations should not be changed later oral agreements can be also applied in some business cases Polish businessman: often thinks that everything is negotiable until signing of a final contract a deal is concluded when both parties put their signatures on the contract 10

11 Legal relations with Polish business partners, practical advice check an authorisation of your Polish counterparty try to verify the creditworthiness of your new partner ask a lawyer to verify the Polish company for evidential purposes conclude agreements in writing clearly define the subject, price and deadlines in agreements 11

12 Legal relations with Polish business partners, practical advice, part 2 take into account taxes which may result from the agreement specify the relevant law and court in case of a dispute apply the necessary forms of security of transactions specify the financial limits of liability in the agreement ask your lawyer to verify the draft of the agreement received from the business partner 12

13 Thank you Paweł Tomasik Peter Nielsen and Partners Law Office Phone