Company law is one of the branches of private law. When thinking about company law, I think about the regulations governing the creation, operation and termination of companies (in particular through liquidation or transformation).
To put it simply, when we think about company law, we think about:
- civil partnership,
- general partnership,
- partnership company,
- limited partnership,
- limited joint-stock company,
- a limited liability company,
- joint-stock company.
Sources of company law
The vast majority of company law provisions are contained in two pieces of legislation:
- Civil Code,
- Commercial Companies Code.
The Civil Code contains, above all, provisions relating to a civil law partnership - the rules for establishing a civil law partnership, making decisions by partners of a civil law partnership, representing the company outside, and finally liquidating a civil law partnership. The Civil Code also contains a number of key provisions for the entire company law regarding the general principles of operation of legal persons and entities with legal personality.
The Code of Commercial Companies contains provisions on the rules of operation (creation, operation, termination) of all commercial law companies - general partnership, professional partnership, limited partnership, limited joint-stock partnership, limited liability company and joint-stock company. The provisions of the Commercial Companies Code also define the rules of capital operations performed on companies - division, transformation and merger of commercial law companies.
The provisions of company law are also found in a significant number of other legal acts - for example, the Accounting Act, the Act on the National Court Register, or the Act on local government. For the purposes of this article, however, we can assume that the two legal acts indicated above are of key importance - the Civil Code and the Code of Commercial Companies.
Registration of companies
Before deciding to register a company, you should familiarize yourself with the selected forms of conducting business activity provided for by the company law and choose the one that will be optimal from the point of view of your business goals.
Such a decision should be made, among others, taking into account the advisability of limiting the risk of liability for debts related to running a business, the costs of changing the form of doing business, or tax problems with which you can change as a result of choosing different forms of doing business offered by the company law.
As an attorney, I can present you with a proposal of the most advantageous solutions provided for by company law in your situation and guide you through the process of registering a new company or changing the current form of doing business into a different form.
Functioning of companies
The functioning of companies may require various activities in the field of so-called corporate services . The company law obliges shareholders of companies and company authorities (management board, supervisory board) to adopt resolutions in certain situations, to hold meetings of partners or shareholders, to convene meetings of partners or shareholders.
Such obligations may result directly from the law or from the articles of association . Depending on the specific situation, the provisions of company law may impose various sanctions on failure to comply with these formalities - in particular, the invalidity of legal acts performed by the company.
My law firm is able to provide ongoing corporate services to your company or provide advice on specific company law problems that you may face during the operation of the company.
Transformation, merger and division of companies
In the course of running a business, you may come to the conclusion that the form of business you have been using so far needs to be changed . This may be related to completely different situations, for example: the need for new partners to join the company, inheritance planning, the need to reduce the risk associated with running a business, or finally the need for tax optimization.
Company law offers a wide range of possibilities to make such changes . It is possible to register a new company and transfer the current activity to a new company using various techniques, transforming the current form into another form (this also applies to sole proprietorship and civil law partnership), transforming the company into another company, merging several existing companies, or dividing an existing company into other companies.
As an attorney from Krakow, I can help you choose the right form of business, guide you through the process of negotiations with partners and reorganize the legal form used so far.
A lawyer for companies in Krakow? You've come to the right place!
My law firm in Krakow is able to solve all your problems regarding company law . Starting from establishing or reorganizing a business (selection of the optimal legal form, establishing a company or transformation from the current organizational form), through solving current problems as part of legal services (permanent or ad hoc), ending with liquidation, bankruptcy or change of the current organizational form.
As an attorney from Krakow, I am able to help you solve, among others, the following problems in the field of company law:
- selection of the optimal form of running a business,
- company registration,
- ongoing legal services,
- representation in disputes between partners,
- appealing against shareholder resolutions,
- representation in bankruptcy disputes,
- division, merger or transformation of companies.
