Kolecka Law Firm

Commercial

Corporate

  • We offer consultancy services in the scope of:
    • with starting a business in Poland and choosing its legal form,
    • for company boards and authorities, management and corporate bodies, also with regard to their liability,
    • in all aspects of labour law and management contracts.
  • We establish companies, represent clients during registration proceedings at the National Court Register and conduct their liquidation.
  • We provide current legal services to companies, foundations and associations.
  • We draft and negotiate contracts for the current business activities of companies.
  • We prepare regulations for the operation of company bodies and other internal documents (AoA, statutes, by-laws, powers of attorney).
  • We restructure business entities, including international capital groups.
  • We provide services for management and supervisory board meetings, shareholders’ meetings and general shareholders’ meetings.
  • We develop and implement corporate governance and holding law.
  • We implement compliance and AML.
  • We help with transactions.
  • We carry out mergers and acquisitions (M&A).
  • We represent in court and arbitration disputes and proceedings before regulatory authorities.
  • We prepare legal opinions and expert reports.
  • We carry out corporate audits, reviews of applicable procedures and regulations and prepare the reports.

M&A

  • We offer consultancy services in the scope of:
    • for startups and investors,
    • assessing risks in M&A transactions,
    • in post-trade corporate and employee issues arising from an acquisition or merger.
  • We handle following transactions:
    • acquisition and sale of businesses, organised parts of businesses or selected assets,
    • the acquisition and sale of shares and stocks,
    • takeovers of public companies,
    • management buy-outs,
    • within private equity and venture capital funds.
  • We prepare for our clients:
    • the legal and tax structure of M&A transactions including cost optimisation,
    • transaction documentation,
    • development of an exit structure.
  • We carry out:
    • mergers, divisions and transformations of companies,
    • acquisitions of companies, branches and their assets,
    • restructuring of company operations with tax aspects,
    • due diligence of the acquired or sold company to identify possible risks.
  • We provide protection against hostile takeovers.
  • We represent clients in proceedings before the UOKiK (Office of Competition and Consumer Protection).
  • We negotiate joint venture agreements.

Labour Law

  • We provide support in:
    • choosing the optimal form of employment and type of employment contract,
    • Recruitment, legality of employment,
    • preparation of the employment contract, non-competition agreement, management contract,
    • issues of work performance by employees – working time, vacation leave, layoffs, business travel, use of business equipment, remote work,  employee evaluation,
    • changes in terms and conditions of employment,
    • loyalty agreements.
  • We deal with issues related to labor remuneration:
    • components of remuneration,
    • regulatory bonuses and awards,
    • remuneration for overtime work,
    • non-monetary benefits,
    • deductions,
    • irregularities in the labor process – employees’ liability, mobbing, unfair treatment, material liability of employees, accidents at work, internal investigations,
    • rights of employees related to parenthood.
  • Legal support in the situation of employee departure:
    • transition of an employee to another employer,
    • group and individual dismissals for reasons not related to the employee,
    • voluntary departure program, delegation to work abroad,
    • preparation of the necessary documents for the termination of the employment contract – assistance in determining the factual situation and available legal solutions, preparation of documents including the agreement of the parties, termination of the employment contract without notice due to the fault of the employee or for reasons not attributable to him.
  • For employers, we offer representation in:
    • court proceedings – in all matters relating to labor law and social security of employees,
    • meetings with the employee – negotiations with him or his representative.
  • In addition, we deal with:
    • internal regulations of the employer – regulations of labor, remuneration, the company’s social benefit fund, policies regulating other areas of work, such as business travel, use of company equipment,
    • assistance during PIP and Social Security inspections, preparation of explanations, responses to the speech and appeals of decisions,
    • researching whether employee records and employment practices comply with the law.

E-commerce

  • We advise on:
    • creation and operation of online stores,
    • promotion and protection of the brand on the web,
    • related to the legal aspects of doing business online or in any other remote form,
    • Domain registration and website positioning,
    • commercial contracts (negotiating and creating contracts with IT solution providers or advertising agencies),
    • tax.
  • We create regulations for:
    • online stores and other platforms for remote offering of products and services,
    • promotions and evaluate them in light of compliance with applicable regulations,
    • We also prepare all the basic regulatory documentation needed in relations with customers: store regulations, provision of electronic services, privacy policy, return policy.
  • We verify the privacy policy and the means of processing personal data.
  • We analyze the information provided in communications about products and services.

Contracts
and negotiations

  • We assist in the process of business negotiations and the drafting of commercial contracts.
  • We also offer advice on the drafting of General Terms and Conditions.

Compliance

Make use of our services in the area of Compliance, if you want to eliminate the risk of losing the reputation your company has built up over the years due to a breach of regulations or laws. We provide companies with comprehensive assistance in ensuring compliance with regulations and risk management. We will identify for you the areas in which there may be a risk of breaching the rules laid down in laws, regulatory decisions or market standards and guarantee you the necessary support in maintaining legal security to enable your company to continue to grow.

  • Our compliance consultancy services:
    • construction of effective processes and procedures to ensure compliance with local and international legal requirements and regulator recommendations,
    • organisational solutions to prevent money laundering,
    • implementation of systems to support compliance taking into account their compatibility with other processes in the company.
  • We provide legal support in:
    • contacts with regulators,
    • optimisation of current processes and their impact on relations with clients and contractors,
    • implementation of a company fraud reporting system (whistleblowing),
    • building compliance structures within the company ,
    • ensuring compliance with regard to personal data (GDPR).
  • We conduct audits to find errors and risks of potential non-compliance with applicable legal requirements, norms and standards.
  • We do the due diligence (regulatory and compliance) of ongoing investments.
  • We identify existing and future risks and advise on how to manage them.
  • We represent our clients in disputes.

GDPR

  • We offer services related to compliance in the field of GDPR:
    • comprehensive implementation of GDPR in the organization,
    • privacy protection and storage of personal data in the company,
    • implementation of reporting systems and tools for monitoring employees in terms of e-mail and Internet use,
    • implementation of loyalty programs,
    • implementation of policies to protect company secrets,
    • data confidentiality policy and a system for reporting abuses in the company in the area of personal data processing (whistleblowing),
    • conducting audits of compliance of personal data processing with data protection regulations,
    • creating contracts for the outsourcing of personal data processing and for the leasing and sale of databases,
    • data transfer in global projects,
    • classified information, access to and reuse of public information,
    • processing data on the Internet, including using behavioral profiling, cookies and other marketing tools,
    • testing the compliance of data processing in the “cloud” (cloud computing),
    • extensive consulting in the area of compliance.

AML/CFT

  • Above all, we ensure that a proper AML/CTF compliance system is built.
  • We prepare:
    • AML/CFT policy with its adaptation to new regulations,
    • queries to the GIIF,
    • in a practical manner for inspections by regulators in the field of AML/CTF.
  • We can represent our clients in proceedings:
    • administrative before the GIIF for imposing a penalty
    • criminal ones concerning liability for failure to fulfill statutory obligations.
  • We support in the selection of tools that will serve in the fulfillment of AML/CTF obligations
  • We provide training to employees of obligated institutions on statutory obligations.

Whistleblowing

  • We implement systems:
    • fraud reporting to management systems,
    • internal control,
    • risk management in the organization.
  • We conduct compliance audits.
  • We develop internal procedures for receiving and verifying reports for:
    • legal departments,
    • HR,
    • compliance,
    • audits and internal controls.
  • We conduct functional assessments and support the implementation of IT tools.
  • We conduct investigations.
  • We offer legal expertise in labor law, data protection, support in dealing with the regulator.
  • We conduct staff training on whistleblowing.

HR

  • We support you in:
    • choosing the optimal form of employment and type of employment contract,
    • recruitment, legality of employment,
    • preparation of the employment contract, non-competition agreement, management contract,
    • issues of work performance by employees – working time, annual leave, layoffs, business travel, use of business equipment, remote work, absenteeism, employee evaluation,
    • changes in terms and conditions of employment,
    • loyalty agreements.
  • We deal with issues related to labor remuneration:
    • components of remuneration,
    • regulatory bonuses and awards,
    • remuneration for overtime work,
    • non-monetary benefits,
    • deductions,
    • irregularities in the labor process – employees’ liability for order, mobbing, unfair treatment, material liability of employees, accidents at work, internal investigations,
    • rights of employees related to parenthood.
  • Legal support in the situation of employee departure:
    • transition of an employee to another employer,
    • group and individual dismissals for reasons not related to the employee,
    • voluntary departure program, delegation to work abroad,
    • preparation of the necessary documents for the termination of the employment contract – assistance in determining the factual situation and available legal solutions, preparation of documents including the agreement of the parties, termination of the employment contract without notice due to the fault of the employee or for reasons not attributable to him.
  • For employers, we offer representation in:
    • court proceedings – in all matters relating to labor law and social security of employees,
    • meetings with the employee – negotiations with him or his representative.
  • In addition, we deal with:
    • internal regulations of the employer – regulations of labor, remuneration, the company’s social benefit fund, policies regulating other areas of work, such as business travel, use of company equipment,
    • assistance during PIP and Social Security inspections, preparation of explanations, responses and appeals of decisions,
    • audit of employee records and employment practices comply with the law.

WEEE
Waste registry

  • Comprehensive waste registry services for the company.
  • We advise on waste management (including packaging waste and waste electronic equipment).
  • We monitor waste registry obligations and inform the client about them.
  • We implement legal solutions.
  • We help with waste reporting, filing waste reports.
  • We check whether the company needs an authorized representative in Poland.
  • We determine the need for recycling in the company.

Properties / Real Estate

We offer professional and comprehensive services related to real estate:

  • We negotiate and monitor the implementation of major infrastructure projects.
  • We carry out real estate acquisition and sale transactions.
  • We draft and review contracts:
    • concerning the construction process,
    • lease and rental,
    • D&B and DBFO types, including contracts concluded by investors with general contractors, based on FIDIC models.
  • We inspect environmental regulations.
  • We do due diligence of the property being acquired or sold.