SIGNIFICANT PROJECTS

Apart from providing day-to-day legal support for businesses and natural persons, M. Szulikowski and Partners Law Office’s lawyers have recently participated on behalf on Clients, inter alia, in the following significant projects:

• representing a company organised and existing under the laws of Poland in arbitration proceedings in New York and before arbitration tribunal ICC in Paris, in a dispute with a company with its registered office in USA, regarding international sale of goods of high value, up to the stage of concluding the settlement under Polish law, after the end of arbitration proceedings,
  
  
• representing a company operating in pharmaceutical sector in appeal proceedings before the National Chamber of Appeal on return of deposit in tender proceedings, and gaining  a favorable verdict of the National Chamber of Appeal, confirmed by final and valid award of the regional court, differing from unfavorable case law in similar matters,
  
• legal support relating to the project concerning optimisation of internal regulations in the company employing almost 1 700 employees, including organisation of working time (with application of solutions from so-called anti crisis act), optimisation of regulations regarding rules of controlling employees and also optimisation of the structure of employee representation (preparing changes in workplace regulations and other documents),
  
  
• preparing legal opinion on termination of employment with a management board member of a sole shareholder company of the State Treasury, including application of provisions of employment law and regulations of so-called chimney act as well as provisions of commercial law (the issue of expiry of mandate),
  
  
• obtaining, on the first court hearing, a favorable award for our Client – a natural person,  concerning a claim for adjusting the content of a land and mortgage register with the real legal status, in the case concerning Warsaw real property possessed and originally developed on the basis of an expectative (so-called rights to ground from the decree), on which a perpetual usufruct right was subsequently established; the dispute required proving, on the basis of historical regulations, the moment of arising the perpetual usufruct, which determined that this right went into the joint ownership of a deceased married couple – decedents of our Client, and which, in consequence made possible proving a wrong entry concerning the exact proportion of participation in the right, on the basis of a statement of acquisition of inheritance from one of decedents, and gaining a favorable entry for our Client,
  
  
• legal services regarding notification of an intended concentration to the President of UOKiK (a Polish antitrust regulatory body) and support in completion of a takeover of control over a capital group from the construction sector, using the concept of a closed investment fund (notifications of intended concentration also included presenting legal argumentation in the scope of lack of exercising control by the investment fund society over the investment fund formally managed by this society),
  
  
• legal support relating to a transaction regarding restructuring of capital group of companies conducting manufacturing (industrial) activity, the basic element of which was taking up stock in the increased share capital by the closed investment fund; this transaction also included a number of other activities conduced with application of an escrow account, in particular activities relating to restructuring of obligations of a company participating in this transaction,
  
  
• legal support relating to changing the structure of shareholding in a joint-stock company before its entrance into the stock exchange, with application of author construction with application of a closed investment fund, non-voting shares in limited joint-stock partnerships and a statutory exception to the requirements regarding an audit of contributions in kind by the statutory auditor, which made possible fast course of transaction,
  
  
• preparing documentation (including regulations and templates of agreements), regarding providing, by the brokerage office, the management of brokerage financial instruments portfolio services,
  
  
• legal support relating to an unusual transaction on bonds, including e.g. preparing documents needed to a non-public issue of bonds as well as legal support relating to a transaction regarding settlement of obligations towards a bond holder through transfer of the real property ownership.