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Alternative Investment Companies – practical comments

Publication date: December 02, 2024

Alternative investment companies are a specific form of investment activity introduced into the Polish legal system within the framework of the provisions on investment funds, and specifically in the context of managing alternative investment funds. These regulations are contained in the Act of 27 May 2004 on investment funds and the Act of 22 July 2005 on the management of alternative investment funds, Journal of Laws 2024.1034. AIICs are therefore a specific form of asset management that creates the possibility of investing in alternative assets, such as real estate, private equity, raw materials or debt, while maintaining high flexibility in terms of investment strategies.

Legal Basis for Alternative Investment Companies

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Technologies of the Fourth Industrial Revolution and Polish Patent Law

Publication date: December 02, 2024

1. Introduction

German economist Klaus Schwab described the present as the era of the fourth industrial revolution during the World Economic Forum in Davos in 2016. This concept dates back to the research conducted by the working group led by Siegfried Dais , the report of which was presented to the government of the Federal Republic of Germany in 2013. It was in this report that the concept of “Industry 4.0” (German: Industrie 4.0) was first created.

Industry 4.0 is supposedly the effect of the fourth industrial revolution, the pillars of which are the automation and computerization of industry and the implementation of modern production methods. All this is to lead to the creation of cyber-physical production systems – and therefore systems that function both in the real world (through the work and devices of industrial machines) and the virtual world (through the control of production processes by IT systems, including AI and the coordination of devices and machines in the Internet of Things or in the computing cloud). Importantly, Industry 4.0 is not only an industry of modern technologies in the sense that it produces advanced products – it is an industry that uses modern technologies in the entire production process, regardless of whether it produces technologically advanced products such as smartphones or relatively simple to produce items such as hand tools.

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KIELTYKA GLADKOWSKI KG Legal to participate in the Polish-Tunisian Economic Forum in Warsaw organised by the National Chamber of Commerce

Publication date: December 02, 2024

We are excited to announce the participation of KIELTYKA GLADKOWSKI KG LEGAL in the upcoming Polish-Tunisian Economic Forum, taking place on Thursday, 5th December 2024, at the headquarters of the Polish National Chamber of Commerce in Warsaw. This prestigious event is jointly organized by the Polish National Chamber of Commerce, CONECT International, and the Embassy of Tunisia in Warsaw, with the valuable support of the Embassy of Poland in Tunis and PAIH SA. The forum aims to strengthen economic cooperation and foster meaningful partnerships between Poland and Tunisia.

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Indexation of monetary liabilities in cross border business relations

Publication date: December 02, 2024

The role and significance of Article 38 of Polish Private International Law

Art. 38 of the Act of 4 February 2011 – Private International Law plays a key role in shaping the rules for indexation of monetary benefits in cross-border relations. This provision introduces the principle according to which “the impact of a change in the value of currency on the amount of the obligation is assessed according to the law applicable to that obligation [1]“. This regulation is a response to the needs of contemporary international trade, characterized by a high level of complexity and diversity of legal systems.

Article 38 of the Polish Private International Law focuses on regulating one of the important aspects of private international law – the indexation of monetary obligations. This issue takes on particular significance in the context of transactions involving different currencies or legal systems. The main function of this provision is to ensure the stability and predictability of legal relations by assigning these issues to the statute of obligations.

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Electronic cigarettes and heated tobacco products – gradual regulation of the market in Poland

Publication date: December 02, 2024

The Ministry of Health in Poland has proposed a number of draft laws aimed at combating the sale of electronic cigarettes and heated tobacco products. The new regulations will concern the amendment of the Act of 9 November 1995 on the protection of health against the effects of using tobacco and tobacco products (consolidated text: Journal of Laws of 2024, item 1162), hereinafter referred to as the “Tobacco Act”. The Government Legislation Centre website currently presents draft laws prohibiting the sale of nicotine-free electronic cigarettes to persons under 18 years of age and introducing the definition of a heated tobacco product into the Tobacco Act. The Ministry of Health has also announced a draft law on a complete ban on the sale of disposable cigarettes.

Ban on the sale of electronic cigarettes to persons under 18 years of age and other restrictions

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