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Kempa Gruchot Rawicz-Zaborowska

Litigation and arbitration

The law firm supports clients in dispute resolution, including court and arbitration proceedings. Our team specializes in commercial disputes.

Partner responsible for the practice:

Experience

A detailed description of the team’s experience in the area of litigation:

Construction disputes

Selected experience:

  • Representing the general contractor in a dispute concerning the termination of the contract for the construction of an environment protection related facility (the value of mutual claims exceeding EUR 70 million)
  • Representing the general contractor in the dispute concerning delays and defects in the development of a traffic management system (the value of mutual claims exceeding EUR 15 million)
  • Advising the contracting authority in a dispute with the general contractor regarding delays in the construction of a power plant (total value of claims exceeding EUR 25 million)

Financial disputes

Selected experience:

  • Representing a fintech company in a dispute with a financial advisor (dispute value exceeding EUR 2,5 million)
  • Representing a client from the real estate development sector in a financial dispute with an investor (value of the dispute exceeding EUR 3 million)
  • Representing consumers in disputes with banks concerning foreign currency loans

Competition disputes

Selected experience:

  • Representing a client in a dispute with an investment fund concerning the performance of an investment agreement (the value of the claims exceeding EUR 4 million)
  • Representing members of the management board of a limited liability company in proceedings initiated by the company’s creditors pursuant to Article 299 of the Code of Commercial Companies with regard to its insolvency (value of the dispute: more than EUR 9 million)
  • Representing a client in a dispute over the payment of a price under a share purchase agreement (value of claims exceeding EUR 100,000)
  • Representing a shareholder of a company in a proceedings for a court’s approval for the sale of shares

IT disputes

Selected experience:

  • Representing an IT client in a dispute with a consulting company claiming remuneration for success in restructuring one of its departments (value of the subject matter of the dispute approx. EUR 800,000)
  • Representing a software developer in a dispute over the remuneration and the compensation for non-compete obligation

Infringment of personal rights

Selected experience:

  • Obtaining a record compensation for a victim of a sexual assault
  • Representing a CEO of a public company in the criminal proceedings initiated against a local politician for defamatory statements

Other commercial disputes

Selected experience:

  • Representing a rolling stock manufacturer in a dispute regarding contractual penalties for the alleged delays and defects of the delivered vehicles (value of the dispute: over EUR 8 million)
  • Representing a chemical company in a dispute with its competitor who alleged that the company had infringed the principles of fair competition (the value of the dispute exceeded EUR 10 million)
  • Representing a fintech company in a dispute with its former CEO and a competing startup founded by the CEO
  • Representing an aircraft manufacturer in a dispute with a competitor that demanded cancellation of a tender for the purchase of helicopters (value of the dispute: over EUR 4 billion).
Kempa Gruchot Rawicz-Zaborowska

Business law

The Firm supports businesses in negotiating contracts and handling corporate matters. We help solving employment disputes and represent clients before authorities in regulatory matters.

Partners responsible for the practice:

Experience

A detailed description of the Firm’s areas of expertise in the field of business law:

Contracts negotiation

We support clients in drafting and negotiating contracts, including lease agreements, sale agreements or distribution agreements.

Corporate matters

Selected experience:

  • Conducting fundraising in an educational technology startup (drafting investment agreement, share capital increase, share purchase agreement)
  • Implementation of an employee stock ownership plan (ESOP)
  • Ongoing corporate support (changes in the composition of the management board, drafting resolutions, organizing shareholders’ meetings, etc.)

Aid programmes

We assist our clients in obtaining aid funds (in particular COVID-related aid) and reporting to the financing authorities.

Kempa Gruchot Rawicz-Zaborowska

Tax

The Firm provides Clients with comprehensive tax assistance. We support our Clients in ensuring compliance with the current requirements of tax law and adaptation to changes in this area. We also provide tax advice in relation to corporate transactions and represent our Clients in relations with tax authorities.

Partner responsible for the practice:

Fields of expertise

A detailed description of the Firm's expertise in the field of tax consulting.

Tax security of your business

We support our Clients in a comprehensive reduction of tax risks associated with running their businesses.

Our services in this respect include:

  • conducting tax audits aimed at identifying material risks, inefficiencies or potential tax opportunities (tax reliefs);
  • audits of internal tax policies;
  • implementation of internal tax policies;
  • tax trainings for directors, financial officers, tax&accounting teams;
  • due diligence tax audits;
  • assistance in the preparation of the statement on adopted tax strategy (for large enterprises).

Tax consulting in transactions

We support our Clients in solving tax aspects of transactions involving real estate, companies, financial assets etc.

Our services include:

  • structuring the transaction;
  • tax audits of contracts;
  • preparation of supporting documentation (statements for tax purposes, MDR/DAC6 reports, etc.);
  • due diligence audits of acquired assets (e.g. real estate, enterprises).

Restructuring advice

We support our Clients in adapting the legal form of their enterprises to business needs taking into account  legal and tax framework.

Our services in this area include:

  • advising on transfers of assets between affiliated entities (intangible assets, real estate, etc.);
  • legal and tax support in the process of transforming the companies into different legal form;
  • support in mergers or divisions of companies (selection of an optimal accounting method of the merger, support in the integration of the merged companies);
  • support in determining financial flows between affiliated entities.

Getting ready for the ‘Polish New Deal’

The regulatory package called the ‘Polish Deal’ announced by the Polish government is expected to bring a revolution in tax law. We help our Clients to get ready for these changes.

We follow reports of government agencies and published draft legislation that is to implement the ‘Polish Deal’. We provide our Clients with key information on how to utilize upcoming opportunities (new or extended tax reliefs: relief for robotization, extended Estonian CIT, simultaneous utilization of IP Box and R&D relief etc.) and reduce the risk resulting from the upcoming changes.

Support for startups

We support startups in areas related to fundraising, ongoing operations and financial transfers to investors. Our support includes:

  • verification of investment agreements to assess tax implications of the adopted fundraising mechanisms;
  • support in structuring optimal funding methods, share deals or exits from investments;
  • structuring financial transfers to startup founders and the flow of funds between founders, investors and startups.

We implement solutions for tech companies generating legitimate tax savings (link to the IP BOX section, etc.)

Ongoing tax support

We offer an ongoing support for companies including cooperation with the Clients’ accountants to secure correct tax settlements. Our services include, among others:

  • Support with tax settlements (JPK, filling income tax declarations, filling property tax declarations);
  • Addressing the Client’s specific questions concerning tax issues;
  • Handling tax audits and investigations carried out by the authorities;
  • Tax advice in contract negotiations;
  • Support in establishing operative branches abroad ;
  • Implementing compliance rules concerning new tax obligations (e.g. transfer pricing, e-commerce package in VAT);

Auditing compliance with transfer pricing regulations, documenting transfer pricing.

Tax reliefs (for new investments, IP Box, B&R)

We offer support in obtaining tax reliefs for the IT sector and companies planning investments and innovations:

  • obtaining support in the Polish Investment Zone;
  • IP Box;
  • B&R tax reliefs;
  • analyzing and prospective preparation for implementation of tax reliefs to be introduced as part of “Polish Deal” (robotization relief, IPO relief, consolidation tax relief, tax support for foreign expansion).

Real estate

We provide comprehensive tax advice in relation to real estate. Our support includes:

  • assistance in determining the rules for tax depreciation of real estate improvements;
  • verification of real estate tax calculated by municipalities;
  • advice on the sale of real estate or transferring of real estate to companies;
  • support in servicing real estate companies with foreign shareholders (verification of the company’s status, verification of the scope of reporting obligations, support in meeting the obligations of a withholding agent).

MDR

We support our Clients in meeting their reporting obligations in the field of mandatory disclosure rules (MDR). We offer our Clients:

  • verification whether planned or executed transactions, restructurings or other activities are subject to reporting obligations;
  • support in the preparation of MDR reports;
  • implementation or verification of MDR reporting procedures used in the company.
Kempa Gruchot Rawicz-Zaborowska

Family succession

We support our Clients in planning and securing the transfer of family assets to the next generation. In in this area we focus on:

  • providing secure mechanisms for the transfer of assets;
  • creating safeguards for the swift continuation of the business transferred to the next generation;
  • setting up a model for intra-family financial flows that will be business, regulatory and tax efficient;
  • securing inheritance tax settlements (inheritance and donation tax, closing of the testator’s tax accounts).

Partners in charge of practice:

Kempa Gruchot Rawicz-Zaborowska

Criminal and penal proceedings

We represent our Clients in criminal and penal tax cases. Our services cover the following areas:

  • we act in criminal proceedings as defenders or attorneys for victims. We deal with criminal and traffic-related offences, as well as white-collar crimes.
  • we defend our clients at all stages of criminal proceedings, as well as, in the course of law enforcement proceedings.
  • we support Clients in tax evasion criminal cases in cooperation with tax advisors from our law firm.
  • we have experience in white collar crime cases and conducting internal investigations in cooperation with the Clients’ compliance departments.

Partner in charge of the practice:

Fields of expertise

A detailed description of the Firm's expertise in the field of criminal law and criminal tax proceedings.

Criminal cases

We support our clients in the following areas:

  • we defend in criminal proceedings concerning allegations of possession of a significant amount of intoxicating substances;
  • we defend in proceedings concerning charges of driving under the influence of alcohol, causing a traffic accident, exposure to the risk of loss of life and health;
  • we defend in proceedings concerning allegations of exceeding powers, making false statements and certifying untruths in documents.

White collar crimes

We support our clients in the following areas:

  • we defend in proceedings concerning the fraudulent use of funds from EU subsidies;
  • we represent injuried parties in proceedings concerning fraud to their detriment with a value of several million;
  • we defend and represent our clients in proceedings supervised and conducted by both District and Regional Prosecutors as well as the National Prosecutor’s Office and its specialized Branch Departments.

Tax criminal proceedings

We support our clients in the following areas:

  • we defend our clients in tax criminal cases related to tax evasion;
  • we defend suspects and defendants in proceedings regarding VAT fraud, participation in tax carousels, money laundering.

Arrests

We support our clients in the following areas:

  • we take part in criminal proceedings from the moment of detention, knowing that providing help and support of a defense lawyer at the initial stage of criminal proceedings is crucial for its further course;
  • we participate in meetings concerning the application and extension of pre-trial (provisional) detention.

Penal enforcement proceedings

We support our clients in the following areas:

  • we prepare applications for a break in a penalty or a stay in execution of a penalty;
  • we prepare and effectively defend clients in proceedings for granting consent to the execution of penalties in the electronic supervision system (the so-called ESS).

Find out how the law can keep you and your business safe.

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