Practices

TAX AND LEGAL ASSISTANCE FOR HIGH-NET-WORTH INDIVIDUALS

PATH Law provides advisory services to high-net-worth individuals with regard to sale of business assets, ownership structures, investment in real estate and in areas of expertise, including trust funds, foundations, financial and insurance products.

Our advisory services also apply to increasing the tax security of businesses and carrying out the process of relocation in Poland and abroad. Our law firm has valuable experience in tax advisory services for artists, athletes and individuals representing free professions. Our firm also has experience in designing tax structures for charities and non-profit organisations, and has dealt with tax issues related to the acquisition, storage and sales of cultural assets and works of art.

MERGERS AND ACQUISITIONS

We have a lot of experience in M&A transactions, having advised on asset deals and share deals in various sectors of the economy. We advise on negotiations of investment agreements, shareholders’ agreements and joint-venture agreements. Our comprehensive advice encompasses also recommendation of the most optimal structure of transaction. We combine practical knowledge about M&A transactions with knowledge on how capital markets function, with a particular focus on the regulations on public companies, of the Warsaw Stock Exchange and NewConnect.

TAX ADVISORY IN THE AREAS OF INTERNATIONAL TAX LAW AND EUROPEAN UNION LAW

PATH Law firm advises on the tax structuring of foreign investments in Poland and Polish investments in international markets. Our services also include solving fiscal problems within the EU and providing customers with up-to-date information about new issues of tax law and their consequences.

CORPORATE LAW AND CAPITAL RESTRUCTURING PROCESSES

The law firm offers comprehensive corporate assistance to clients, including (i) legal advice on corporate restructuring (demergers, domestic and cross-border mergers and transformations), (ii) ongoing corporate support (including assistance at general meetings, meetings of management or supervisory boards), (iii) the formation and registration of commercial companies, their branches and representative offices and (iv) advice with respect to implementation of option plans. We have broad experience in drafting and negotiating various corporate agreements, such as shareholders’ agreements.

VENTURE CAPITAL AND PRIVATE EQUITY

Due to the experience of our partners, transaction advisory services have a special place in the PATH Law activities, including private equity and venture capital transactions. We advise investors on acquisitions and providing additional financing to companies at each stage of their development (Seed, Early Stage, Expansion, Later Stage) as well as during divestment (Exit) after the investment term in transactions on private and public markets.

PUBLIC COMPANIES

We advise public companies and their shareholders on how to apply special regulations applicable to them (disclosure obligations – MAR, corporate governance, the acquisition of large blocks of shares, etc.). We combine knowledge about the specific nature of public company operations and a familiarity with the practice of the authorities supervising capital markets.

We co-operate on a regular basis with issuers and brokerage houses with relation to share- and bond-issuing processes (for private placements and public offerings) as well as transactions on secondary markets.

INVESTMENT FUNDS

We co-operate on a regular basis with investment fund societies and investment funds. We support societies and funds in their daily operations under the applicable legal system. We advise investors on the establishment and operation of closed-end funds and the implementation of investment projects through such funds. We also advise on the commencement of operations, structuring and making investments based on alternative investment companies (ASI).

TAXATION OF WAGES AND SALARIES

PATH Law provides services that consist of designing the most efficient structures for the salaries of employees and board members of both Polish residents and foreigners. Our law firm provides analysis and advice, including the minimizing of the tax burdens and social security contributions, which includes the rules applicable to severance pay

COMPLIANCE & INVESTIGATIONS

The number of national and European regulations is growing each year, causing companies to set up and apply internal systems looking at compliance and irregularities. We advise on the identification of existing risks and deficiencies, the development of the compliance management concept, the implementation of regulations adapted to the needs of the business operations, and the supervision of their application in practice. The scope of our involvement also includes the system of internal corporate compliance procedures that is recognisable on the Polish market, as well as regulated entities that are subject to supervision by the Polish Financial Supervision Authority (KNF), including brokerage houses, investment fund societies and investment funds.

PATH Law has broad experience in performing legal audits, identifying legal risks, advisory in relation to assuring compliance of internal regulations and agreements with currently applicable provisions of law including related to anti-money laundering (AML), tax scheme reporting (MDR) and developing and implementing ethical codes and whistleblowing programs.

NEW TECHNOLOGIES

We support the sector of new technologies, for example, related with networks based on distributed ledger technologies (DLT, Blockchain). We advise clients on the structuring of digital asset issues (e.g. Initial Coin Offerings) and related cryptocurrency transactions. We monitor clients’ activities related to the issue and marketing of tokens and coins from the perspective of current practice of the Polish capital market supervision authorities.

PATH Law track record includes representing participants in the technology ecosystem including software and gaming companies as well as global IT suppliers. Our team of lawyers have vast experience in advising on implementation and maintenance of IT systems, license agreements and IT outsourcing.

LITIGATION AND ARBITRATION

We represent clients in proceedings before courts of law and arbitration, as well as public administration authorities, in particular in matters related to the conducted business and investment activities. We combine litigation experience with transaction experience. Depending on the stage and nature of the dispute proceedings, we do our best to propose solutions aimed at ending the dispute proceedings or minimising the effects.

RESTRUCTURING AND BANKRUPTCY PROCEEDINGS

We support clients both at the stage when companies face the risk of insolvency, as well as when they are already insolvent. PATH Law lawyers provide comprehensive support in selecting the best available type of restructuring proceedings and moderate the conduct of the restructuring proceedings so that clients are able to enter into an arrangement with their creditors and restructure their liabilities. Having experience in providing services to clients facing insolvency as well to insolvent clients, we also support entities that are attempting to recover their claims from business partners undergoing restructuring and bankruptcy proceedings.

CONDUCTING PROCEEDINGS AND CONTENTIOUS CASES IN THE AREA OF TAX LAW

PATH Law firm deals with conducting comprehensive domestic and international tax disputes, proceedings in contentious matters and cases involving transfer pricing. The law firm also provides assistance in arbitration proceedings and the conclusion of both bilateral and multilateral agreements between Polish and foreign tax authorities.

REAL ESTATE

The law firm advises on transactions involving the sale, purchase and lease of real estate. We also advise on drafting and negotiating lease and tenancy agreements, including agreements for the lease of space in large shopping centres. Among other things, our services cover legal due diligence reviews of real estate, drafting real estate sale, lease or tenancy agreements and representing clients during negotiations of transaction documents.

RENEWABLE ENERGY SOURCES

We provide comprehensive legal services for entrepreneurs operating in the renewable energy sources (RES) sector, with particular focus on PV and onshore projects. We support our clients in applying for the projects (at the advanced stage or initial stage), implementation of the projects (including concluding standard agreements concluded in the investment process and proceedings before the Energy Regulatory Office) and exit from the investments. We also advise in the area of obtaining funding for the implementation of the projects, including EU funds.