Obtaining information about the account and payment of the contribution in the event of the bank account holder’s death is often a considerable problem for heirs or administrators of the estate. Problems are caused not only by procedural requirements, but often also by banks themselves, which have little to gain from fulfilling their obligations towards authorized persons, but a lot to lose. From the economic point of view – financial resources which – although given to the bank under a repayable title – constitute the basis of its lending activities, from the legal point of view – venturing into the thicket of inheritance regulations and in many cases – the circle of heirs is difficult to determine, and it is easy to stumble, and thus, there are also problems with banking supervision. Therefore, banks are very reluctant to perform their duties, often multiplying problems and procedural requirements. It is therefore worth knowing when the bank should and when it cannot provide information about the account or withdraw funds from it.
As a law firm cooperating with clients in matters of cross-border investments, KIEŁTYKA GŁADKOWSKI KG LEGAL tries to keep up to date with information on regulatory changes in neighboring jurisdictions for the purposes of the expansion and investment plans of our foreign clients.
In this article, we present general information about legislative changes in Ukraine in the field of medical cannabis.
KIELTYKA GLADKOWSKI KG LEGAL PROVIDES ITS FOREIGN CLIENTS WITH LEGAL SUPPORT IN UNDERTAKINGS RELATED TO MEDICAL CANNABIS LOGISTICS CENTRES IN POLAND FOR DISTRIBUTION TO UKRAINE
Legislative changes in Ukraine.
In Ukraine, on December 22, 2023, a bill on the legalization of cannabis for the production of medicines was passed. It provides for the authorization to use medical cannabis for the prevention and treatment of various diseases. This medicinal product will, of course, be available only on prescription, and its sale will only be carried out by pharmacies that have the required licenses and can offer appropriate storage conditions. Additionally, each plant, batch of processed products, unit of packaged products, and packaging of cannabis-based medicine will be marked with a unique electronic identifier. The project also envisages the creation of a special information database in which data from these identifiers will be entered.
Recognition of the judgment to initiate foreign bankruptcy proceedings does not constitute an obstacle to the initiation of bankruptcy proceedings by a Polish court. However, if the judgment to initiate the main foreign bankruptcy proceedings has been recognized, the bankruptcy proceedings initiated in the Republic of Poland are secondary bankruptcy proceedings.
In selected industries, employees can only pay tax on 50% of their income – new rules in Poland
In the case of Polish employees – IP creators, such as software developers, architects or engineers, “creative employees” of foreign companies have the privilege of paying income tax at the level of 50%. The idea is to stimulate the need to accelerate the development of industrial property in Poland, and the incentive for this is the preferential method of paying lower taxes, the basis of which is only half of the salary. This means that the second half of the salary is not subject to income tax. Polish tax offices are increasingly actively monitoring Polish employment contracts in software and engineering professions. A properly created employment contract template guarantees the legality of such a solution.
Polish judicial protection tools for the sale of real estate in international bankruptcy – case study and suggested solutions
In the Polish legal system, it is possible to extend bankruptcy declared abroad to Polish jurisdiction. In accordance with the amendment to the Polish Bankruptcy Law, which came into force on January 1, 2016, the provisions of the Act update the possibility of recognizing judgments initiating foreign bankruptcy proceedings. This is related, among other things, to increased emphasis on the universality of bankruptcy proceedings, especially in European Union countries. Pursuant to Article 19 of Regulation 2015/848 of the European Parliament and of the Council, “a judgment opening insolvency proceedings issued by a court of a Member State having jurisdiction in accordance with Art. 3 shall be recognized in all other Member States (…).” The phrase “having jurisdiction in accordance with Art. 3” – art. 3 of the Regulation reads: “1. The courts of the Member State in whose territory the debtor’s center of main interests is situated have jurisdiction to open insolvency proceedings – the main insolvency proceedings. The main bankruptcy proceedings are considered to be proceedings initiated in the country where the principal center of the debtor’s main activities is located (Article 3(1) of the Regulation)[1].