Author: support

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/

 

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/

On 25^th 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/

 

 

The President ratified the Convention on the Measurement of Inland Navigation Ships, done at Geneva on 15 February 1966 and denounced the Convention on the Measurement of Inland Navigation Ships, done at Paris on 27 November 1925. Ratification of the above Convention, with simultaneous denunciation of the Convention drawn up in Paris, will allow, among other things, for the statute of Polish ships to be equated, by recognising their certificates of measurement as identical documents issued by the parties to the Convention.

The Geneva Convention will enter into force on 22 September 2018.

 

/AG/

On Monday (3.09.2018), the Act of 5 July 2018 about tachographs, which aims to increase the safety of the tachograph system, comes into force. The Act introduces solutions limiting the ability to manipulate data registered by these devices, which will provide new rules for their installation, reparation and checking.

One of the new solutions is the control procedure in the case of a reasonable suspicion that the device has been connected to the tachograph. Then the officer of the inspection service (for instance, Road Transport Inspection) will be entitled to direct the vehicle to a workshop that meets the requirements set out in the Act, in order to check the actual connection of such a device. If tachographs are connected to a manipulative equipment, the costs related to checking the tachograph will be borne by the road haulier. If, on the other hand, such an operation is not confirmed during the inspection, the costs related to tachograph checking are paid by the competent voivod with regard to the place of control.

This Act will also amend the provisions of, among others, the Road Traffic Act, the Road Transport Act and the Driver’s Hours Act.

 

/AG/

The project has adopted new solutions aimed at improving the functioning of sea fisheries inspections and harmonizing the procedure and standards of their operation. One of the new solutions will be the appointment of the Chief Inspector of Sea Fisheries with the seat in Słupsk, which as a central government administration authority will be created in place of district inspectors of sea fisheries in Gdynia, Szczecin and Słupsk.

The project also extends the list of documents to be attached to the application for registration of a vessel in the Register of fishing vessels or to the application for changing the entry in the register. The new regulations are expected to enter into force as from 1 January 2019.

 

/AG/

In connection with New Zealand’s ratification of the MLI Convention (Multilateral Instrument to Modify Bilateral Tax Treaties), from January 2019 the regulations concerning the settlement of income earned by Polish seafarers from work with New Zealand shipowners will be amended. The method of avoiding double taxation will be changed from an exclusion method progressively to a proportional credit method.

 

/AG/

According to this amendment of the law, the Inland Navigation Administration will be reorganised, including the reduction of the number of central offices from the currently existing eight to only three – seated in Szczecin, Bydgoszcz and Wrocław. The other five offices will be converted into delegations.

This reform is related to the new tasks for Inland Navigation Administration provided by the Water Act of 20^th July 2017.

 

/JF/

The legal status of the Caspian Sea has been regulated on Sunday (12 August 2018), the summit of the Caspian countries signed the Convention regulating the legal status of the Caspian Sea, which since now, had been a complex political and legal problem in international relations. The Caspian Sea, by virtue of a signed document, is to have a special legal status, different from the status of the sea and lake. The regulation of the Convention is intended to create full jurisdiction for coastal States over raw materials under the seabed, which may be important for the global energy industry.

 

/AG/

Maritime economy, investing in the seaside real estate, innovation, ecology – these are only a few subjects of the sixth edition of the event that will bring to Szczecin entrepreneurs, managers, experts, and decision-makers from all over Poland and Europe. The event will take place on the 15th and 16th June 2018.

Our Law Firm will be represented by solicitor Piotr Rosicki. More info about the event: http://maritimecongress.com/