Changes in perpetual usufruct.

On 5 October 2018, the Act of 20 July 2018 on transformation of the right of perpetual usufruct of land developed for housing purposes into the right of ownership of such land came into force.

In accordance with the above mentioned legal act, as of 1 January 2019, the right of perpetual usufruct of land developed for housing purposes will be transformed into the ownership right to such land.

Land developed for residential purposes should be understood as real estate developed exclusively with buildings:

(1) single-family dwellings, or
2) multi-family dwellings in which at least half of the number of dwellings are dwellings, or
3) referred to in point 1 or 2, together with farm buildings, garages, other construction works, or
4) construction equipment enabling proper and rational use of residential buildings.

It is also worth mentioning that according to the provisions of the new act, buildings and construction equipment located on the land become a component of this land on the day of transformation.

The basis for disclosing the ownership right to land in the land and mortgage register and in the land and building register is to be a certificate confirming the transformation, issued, among others, by the head of the commune (mayor, mayor of the city), district or voivodeship board.

On account of the transformation, the new landowner shall pay a fee to the former landowner for 20 years from the date of transformation. The fee is equal to the annual fee for perpetual usufruct, which would be in force on the transformation date, with the possibility of granting a discount on the fee for a given year.

It is also possible to pay a one-off fee. In this case, the rebates on this fee are to be as high as 60% if the entire amount is paid in the year in which the conversion took place.

/JF/

Resignation of the only board member – planned amendment of the Commercial Companies Code.

 

In accordance with the draft amendment of some acts adopted by the Council of Ministers in order to introduce simplifications for entrepreneurs in the tax and commercial law (“MŚP” Package), the Commercial Companies Code will also be amended.

The changes concern, among others, article 202 of the Commercial Companies Code (expiration of the mandate of a member of the management board) and consist in adding the following paragraph 6: “The only member of the management board resigns to the shareholders and at the same time convenes their meeting”. This provision may make it much more difficult to leave the company for the last member of the management board.

Currently the only regulation in this area was provided for in article 202(5), under which “accordingly to the resignation of a member of the Management Board shall apply mutatis mutandis the provisions on the termination of the order by the party accepting the order”. In addition, the resolution of seven judges of the Supreme Court of 31 March 2016 was also applied, in which it was resolved that “a statement of a single-member of the Management Board comes into effect upon delivery to the company’s address in a manner enabling the necessary actions related to the resignation”.

 

/JF/

The draft of changes in economic (business) and tax law.

On 25th September 2018, the Government adopted a package of facilitations for small and medium-sized enterprises by the Ministry of Enterprise and Technology. This is another proposal, after the “100 amendments package”  and the Business Constitution, to support the activities of Polish entrepreneurs.

This project contains about 50 simplifications in economic (business) and tax law.

 

/JF/