Law Offices Euro-Lex Marcin Radomski
Our focus is on services to the business sector, primarily commercial companies. We conduct entity formation and registration procedures, as well as providing legal assistance to businesses that are already in existence. Our comprehensive advice and assistance covers the full array of commercial relations, including foreign ones. On behalf of our clients we engage in court, enforcement and administrative proceedings.Our client base includes foreign businesses, giving us a unique insight into foreign business operations in Poland. Excellent command of English ensures smooth communication and efficient service delivery.In addition to the typical corporate lawyer’s work, we offer specialised assistance in law relating to bills of exchange and promissory notes and in disputes with banks.We serve primarily the business sector. To the extent needed, we also provide assistance to individuals not engaged in any business, and here our special qualifications are banking law and law relating to bills of exchange and promissory notes. Our client base includes foreign businesses and businesses with foreign participations. As discretion is one of our core values, the particulars of our Clients are not publicly disclosed. References are available upon request and consultation with the Client concernedOur practice delivers services in the following areas:- Entity formation and legal assistance to businesses- Form-based court proceedings- Promissory notes/bills of exchange services- Banking matters- European funds- Services to condominiums and real estate managers- Formation assistance and services to Social Building Societies1. Entity formation and legal assistance to businesses - formation of corporate business entities (limited liability company, joint-stock company, registered partnership, limited partnership, partnership limited by shares, limited liability partnership), general partnerships and sole traderships. Drafting agreements, registration procedures, administrative filings. Comprehensive assistance in business relations, commercial contracts, labour law matters, administrative proceedings, court litigation and enforcement procedures.2. Form - based court proceedings:National Court Register - Most entities, not only businesses for that matter, must be registered in this register. The registration, change and de-registration procedures are all based on forms which often prove difficult if not impossible to fill in.Summary procedures - Forms are required by courts in certain civil and commercial matters. If the forms are not properly filled in, you may find it impossible to seek remedies or protect your rights in court.Registered pledge - This type of pledge is becoming increasingly popular as a security for business debts. Appropriately drafted agreements and skilfully completed court forms are a must if this mechanism is to be effectively used for your benefit. And forms are required not only for the initial registration, but also for changes and, ultimately, de-registration. Moreover, a form will be needed to check if any given asset is subject to registered pledge.Our services in this area include ensuring appropriate forms as well as comprehensive assistance in form completion and management of court proceedings.3. Promissory notes/bills of exchange services - Promissory notes/bills of exchange are used primarily as security for debts. But holders happen to abuse their powers vis-à-vis the debtors and creditors often happen to be unable to properly fill in the blank notes/bills received from their debtors, thus losing the rights and remedies available for them. Any effective defence against abuse of right by creditors and effective use of the note/bill mechanism requires expertise not only in the provisions of the underlying law that has been in force since 1936, but also in the rich case-law and legal doctrine developed since that time.4. Banking matters. We provide assistance in broadly taken banking matters. Our specialities include:- disputes with banks involving banking law, law relating to notes/bills/cheques, and registered pledge and mortgage matters – highly specialised professional institutions though they are, banks often happen to make mistakes that can release their debtors (e.g. borrowers, sureties) from financial liability;- disputes involving use by banks of prohibited contractual clauses – the by-laws and contracts used by certain banks contain prohibited contractual clauses that are onerous for customers and cause inequality of rights and duties; the law provides opportunities to defend against such practices;- improved debt recovery assistance to creditors trying to recover from the same debtor with banks - banks usually ensure that debts owing them are secured (e.g. by pledge, mortgage, fiduciary transfer of ownership, assignment) so that they have priority when it comes to enforcement. But there are cases where security has not been duly established. The discovery of such cases during enforcement procedures can strip the bank of its priority and enable the creditor to recover more;- assistance in cases of unauthorised debits to your account following loss of credit card or cheque - banks are known to unfairly shift onto their customers the liability for unauthorised debits following loss of credit cards or cheques;- assistance in cases of breach of banking privilege or personal data protection regulations – banking law contains a strict regulation of banks’ duties as regards the bank-customer privilege and customer data disclosure; in case of breach, the aggrieved party has a wide array of remedies available;- assistance in negotiating loan terms and troubled loan restructuring.In all those cases, successful protection of your rights requires firm action to be taken quickly since banks enjoy certain privileges that enable them to recover out of court, thus largely hindering the protection of your just interests.We ensure efficient and reliable legal assistance in all such situations. Our service includes a careful analysis of facts, negotiations with the bank, and advocacy in court and enforcement proceedings.5. European funds - To obtain funds from the European Union and government aid programs, candidates must meet a number of requirements, such as a good plan, own financial contribution, and a knowledge required to select the appropriate program. In collaboration with our consulting partners, we provide assistance in obtaining PHARE and SAPARD funds and Polish grants.6. Services to condominiums and real estate managers7. Formation assistance and services to Social Building Societies

practice areas

General Practice

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