Articles

Changes in 2016: Civil Code - Interest, Code of Civil Procedure - Suit and Mediation

The process of major changes in Civil Code and Code of Civil Procedure began as early as January. 2016 can be easily referred to as the year of novelty - both in terms of substantive law, e.g. manner of calculating and types of interest, new layout of documents, as well as procedures - including in particular in the field of promoting mediation and attempts undertaken to accelerate proceedings. Certain amendments came into force already on 1 January 2016 and they will be discussed within this information.

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Bankruptcy law: The Notion of Insolvency, Amendments from 1 January 2016

Amendments to the provisions on bankruptcy law with reference to the notion of insolvency contained in Art. 11 of the Act of 28 February 2003 Bankruptcy Law (hereinafter referred to as: the Act) came into force on 1 January 2016.

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Company law: Expiration of the term of a Member of the Board of a Company as a result of a Submitted Resignation

Article 202 of the Code of Commercial Companies stipulates a number of options for expiration of the term of a member of the board in a limited liability company. In accordance with the regulations of Art. 202 § 4 of the Code of Commercial Companies, the term of a member of the board in a limited liability company shall expire e.g. as a result of their death, resignation or dismissal from the Management Board.

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Company law: List of Shareholders in a Limited Liability Company - Is It Always One Document?

Pursuant to Article 167 § 2 of the Code of Commercial Companies, together with submitting a request to enter a limited liability company in the register of businesses of the National Court Register, a list of shareholders including names and surnames or (names of) companies and numbers, signed by all members of the board shall be submitted.

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Labour law: Elimination of a Position Does Not Always Justify Dismissal of an Employee.

Proper formulation of the reason of termination of employment and maintaining complexity of such termination frequently causes many problems for employers. In the situation when redundancies are necessary in order to ensure further functioning of the company, termination is often executed due to elimination of a position, assuming that such justification cannot be contested by the labour court, in the case when the dismissed employee appealed against the termination decision.

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Company law: Independent Proxy and Representation in a Limited Liability Company

Proxy is a classic institution of commercial law, specified in the Civil Code (hereinafter referred to as: the „Civil Code”). It is a type of representation, or more specifically - of proxy which can be established only by an entrepreneur.

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