The BEST Guide to POLAND
Unanswered  |  Archives 
 
 
User: Guest

Posts by legate  

Joined: 18 Oct 2013 / Male ♂
Last Post: 29 Nov 2014
Threads: -
Posts: 46
From: Poland, Poznan
Speaks Polish?: yes
Interests: law, psychology, sociology, politics, sport , music, movies

Displayed posts: 46 / page 1 of 2
sort: Latest first   Oldest first
legate   
29 Nov 2014
Law / VAT number as a sole trader vs a company VAT number in Poland / 'trading as' question [10]

ems.ms.gov.pl/krs/wyszukiwaniepodmiotu - official register of polish companies
prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/Search.aspx - official register of polish individual entrepreneurs

NIP is a VAT number but that doesn't mean that everyone having NIP is a VAT payer.

you can check if someone is a registered VAT payer here: ec.europa.eu/taxation_customs/vies/?locale=pl

NIP should be included in the invoice.
legate   
20 Nov 2014
Law / How do I verify a Polish company's existence? [212]

ems.ms.gov.pl/krs/wyszukiwaniepodmiotu?t:lb=t --> official registry of polish companies
prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/Search.aspx --> official registry of polish individual entrepreneurs

if you need additional help, please contact us: office@legate.pl
legate   
14 Jul 2014
Law / My wife's signature has been forged relating to a Polish will, is it worth hiring a lawyer? [16]

on the other hand with my experience,the lawyer appointed to me by the big firm is also competative and show results to his boss

Of course, generally I have a rather good opinion on polish attorneys. I suppose I wanted to say that there's no clear rule...you can find a big law firm and be satisfied and so is possible with a smaller office. Smaller offices are usually cheaper though ;)

I dont think if thats an advice to be paid for or a presentation for the work they will perform

If a presentation means a clarification on the procedure and drawing of the subsequent steps that should be taken I would not agree with you :) Sometimes the proper opinion on the expediency of the legal action requires a number of hours of work so this is a reason why many attorneys don't agree on that.

You can always ask for a legal opinion and agree that the fee for the opinion will be set off against future salary if the opinion proves that the legal action is worth taking. If the opinion proves otherwise you will end up spending little and save yourself high legal costs.

500$ an hour

that really sounds unreal :) This is a rare rate even for top german law firms.
legate   
14 Jul 2014
Law / My wife's signature has been forged relating to a Polish will, is it worth hiring a lawyer? [16]

I learnt that hiring reputable law firms are best then hiring individual lawyers

I get your point but there's another thing to consider. The lawyer hired by a big law firm is just an employee and an attorney running his own business is mostly better motivated to do his job well. He's doing it for himself not for his boss. Secondly, for a big law firm which is hired by banks and other big corporations you're just a small occasional client. For an individual lawyer you are more important. Of course, there are some pompous and incompetent ones but they are working for big law firms as well.

Lawyers asking for initial consultation fee eventually turn out costing same but they just money hungry without work.

unfortunatelly I had some "clients" who were interested in being counseled, got their initial opinion and never paid. I'm not the only one - many collegues ran into a smart ass who prefers to turn to a number of lawyers and get something from every one without paying. Everyone wants to be paid for his work - lawyers as well. Most of the lawyers are flexible when it comes to the payment scheme though.

Then also see what lawyer has his specialisation in,never hire a lawyer who is do it all in all fields

I agree on that point.
legate   
13 Jul 2014
Law / My wife's signature has been forged relating to a Polish will, is it worth hiring a lawyer? [16]

In PL there are more bad lawyers than good ones

I'm sorry to hear your opinion. First of all you should always look for a lawyer with "radca prawny" / "adwokat" title because there are plenty of other lawyers without professional certification and professional responsibility.

I run the legal office myself and the market is so competitive that all the relatively young attorneys have to do their best to keep the client satisfied.

I won't write about my attitude because my opinion on that matter would be biased but I have some collegue attorneys who are in my opinion very good and professional and not as expensive as "Qwet" thinks.
legate   
14 Jun 2014
Law / Prostitution in Poland, is it legal? [24]

You're absolutely right Bohdan, it's a difficult, complicated problem. Illegality (inability of business registration and taxation) only deepens it.
I just wanted to state that prostitution should not be considered as a business opportunity.
legate   
14 Jun 2014
Law / Prostitution in Poland, is it legal? [24]

Prostitution is illegal but is not penalized. Reaping of financial benefits of someone else's prostitution is penalized. This is not a fiction entirely, people actually go to jail for that in numerous cases.
legate   
7 Mar 2014
Real Estate / Polish law on inheritance and real estate [38]

hello,
the safe way is to hire an attorney. You can check us and contact us if you like. We could check the documents for you and suggest you how to proceed.
legate   
24 Feb 2014
Law / Dying in Poland - Inheritance tax ? [62]

Also, I was the only heir,( the 1st band?) I've read that it's possible I shouldn't have paid at all.

yes, you probably shouldn't have paid the inheritance tax but since you didn't report the inheritance and you've already paid the tax you can't claim it back now.

You've mentioned many things and none respectable lawyer will answer you not knowing exactly how your legal situation looks like.
I suggest you to ask for a legal opinion on a subject. You can hire us or some other polish attorneys.
You'll ask precise questions and you'll get precise answers.
legate   
24 Feb 2014
Law / Dying in Poland - Inheritance tax ? [62]

did you consider a polish solicitor? if you have to pay the inheritance tax in poland (and generally that's the case when you inherit property in Poland) you need a polish lawyer who knows the polish law system.
legate   
21 Feb 2014
Law / Polish divorce - there is next to no help available from the law! [11]

did you get a lawyer?
many people who don't know anything about the law go to court alone and complain; I don't know your situation but my experience shows that most rulings are fair but yo need to know how to act. Just the same as you have to know how to repair a car.
legate   
18 Feb 2014
Food / Food to give as a gift that is only representative of Poznan? [4]

I'm going to a formal visit in warsaw ,and I would like to buy food that only poznan has and warsaw doesn't have .

I'm not sure you can find anything like it. There's a local cuisine, but it'll be difficult to find a product that is sold in Poznan and isn't available in Warsaw - both cities are too big and too close for that.

Greater Poland's cuisine is strongly based on potatos so you can consider the potato vodka - eg. Chopin vodka - it can be bought in Warsaw too but nevermind it.
legate   
5 Feb 2014
Real Estate / What are the legal rights of a majority owner of Polish real estate property? [11]

It really depends on the property and your consensus on the division, so it's even hard to guess but I would opt for 1-2 years.

If the division would be really complicated you can consider "quad usum division" which will mean that you still co-own the property but you agree that one part will be used by you and the second one by the minority owner. It doesn't solve all the problems though because you will still have to agree on the management of the common parts (staircase, etc.).
legate   
31 Jan 2014
Real Estate / What are the legal rights of a majority owner of Polish real estate property? [11]

1. apply to court to take over property.

- is it not a way to gain control via court decision? the court can nominate you as manager. It is true though that the court doesn't have to choose you.

You can also file the petition to remove the manager so the owners can manage on they own. You will have more rights as a majority owner.
legate   
27 Jan 2014
Real Estate / What are the legal rights of a majority owner of Polish real estate property? [11]

could you give us the land register number of this property?
normally, the owners cooperate in management and if they disagree they can turn to the court for a decision; every owner can also file the petition to the court for assignment of the property manager who will manage the property instead of the owners; a change of property manager is also possible - especially for the majority owner.

if you need the legal opinion or want to take some legal action, you can check us.
legate   
22 Jan 2014
Real Estate / "Zachowek" means that even if the dead bequeathed his/her property in Poland.. [6]

I think that everyone has to be offered zachowek but most people decline it.

- that's incorrect. It doesn't have to be offered. It can be paid voluntarily but frequently it isn't so you have to claim it.

whether you decide to take it up or not doesn't make any difference to the relative who wants it

--> in some cases it can make a difference; in most cases it doesn't indeed.
legate   
21 Jan 2014
Real Estate / "Zachowek" means that even if the dead bequeathed his/her property in Poland.. [6]

Hello,
You're entitled to zachowek (legitim) if your parents passed away. You don't just accept it, you must claim it to receive it. It is possible that your claim diminishes the claim of your other relative. After it is given to you, you can donate it back to the main successor.

If you speak polish, you can check more on: spadek.com.pl
legate   
2 Jan 2014
Law / Legal Advice of how to close a company owned in Poland [13]

hello,
we can help you with that problem if you wish;

we have to know what kind of company it is - sp. z o.o. (LLC), s.a (JSC) or other and see the articles of association.

After that we would give you our offer;
legate   
19 Nov 2013
UK, Ireland / English dad, Polish mum are parting. What about the child? [27]

Hi Barbiekk,
Of course you have the custody rights but it can be limited during the divorce proceedings, so as the contact rights. There are no clear rules about who gets the custody, the court has to put the children's interest in the first place and has to examine which parent gives a better guarantee.

The most common ruling is that one parent gets full custody and the second one's custody rights are limited. Second parent should assert his contact rights so it's not hindered by the first parent who lives with the children.

Have you thought about getting an attorney?