Our knowledge and experience are Your success
MGS LAW ensure comprehensive support for business. Our main practice areas are:
HR, Labour law, social relations, trade unions
• Creating projects of internal rules (work regulations, wage regulations, company collective labor agreements and supra-company collective labor agreements).
• Handling negotiations with trade unions in scope of implementing internal regulations.
• Support in employer-trade union social relations, including negotiations, consultations, also in regards to collective disputes.
• HR support in capital companies.
• Giving opinions and drafting writs in individual and collective cases steaming from labor law.
• Consultancy in regards of employer’s duties steaming from social insurances, including tax obligations.
• Creating and supervising over the Social Benefit Fund Regulations.
• Optimizing employment with taking into consideration the chance of outsourcing organizational tasks.
• Complex service of a take over process in regards to the whole of takeover of a work place or its designated part in accordance to art. 23 of Labor Law.
• Legal representation in labor court cases.
• Full scope of legal services for employers enforcing claims steaming from damages done by employees in regards to their work performance.
• Enforcement of claims in regards of groundless/illegal work contract termination.
Protection of personal data & cyber security
• Legal support in regards to implementing within an organization all the requirements regarding personal data protection (including new regulations set by the General Data Protection Regulation – GDPR);
• Legal services for personal data base administrators and processing entities, especially verifying the compliance with data processing regulations, including transfer of data to third country;
• Consultancy within administrators’ contacts with people, whose data are related to motions, demands and objections issued to the administrators;
• Drafting inner regulations and policies regardin personal data proccesing;
• Consultancy regarding keeping registers on personal data proccesing;
• Veryfication and creating agreement templates to process personal data and about information that are to be submitted to the people, whose data those information concern;
• Drafting up conract mandating data processing, including annexes adjusting contracts to the requirements set by GDPR;
• Consultacy and subtitution during all procedures in front of the supervisory body, including the administrator’s own violations;
• Legal services in regards to personal data processing within capital groups, including coadministrating issues;
• Consultancy regarding the creation of sector codes of proceedings.
• Assistance in developing a bid, including the tender documentation analysis in terms of the contractor’s risk;
• Providing explanations for an abnormally low price;
• Filing appeals and joining proceedings before the National Chamber of Appeal, representing clients in proceedings before the National Chamber of Appeal;
• Issue of legal opinions on the grounds and methods of applying the provisions of the Public Procurement Law;
• Representation of contractors in court proceedings against the contracting authority for payment for construction works (including additional works), legal advice on claims under warranty and statutory warranty for defects;
• Development and negotiation of contracts with contractors, development of consortium agreements;
• Representation of contractors in proceedings concerning irregularities in carrying out procurement proceedings by contracting authorities.
Contracts and litigation:
• Cargo claims
• Collisions and other marine casualties
• Agency contracts
• Bills of lading
• Voyage, time and bareboat charterparties
• Arrest of ships
• Enforcement of maritime liens
• Enforcement of claims against ships
• Ship management contracts
Bankruptcy and restructuring
• Creditor’s support after declaration of debtor’s bankruptcy: filing claims, filing motions for exclusion from the bankruptcy estate, creditor’s representation at the Council of Creditors;
• so called capital restructuring through: transformation, merger or division of companies as provided for in the Code of Commercial Companies, transformation of sole entrepreneurs into capital companies, restructuring with the application of non-cash contribution mechanisms, e.g. an enterprise or its organized part;
• Assistance in debtor-creditor negotiations;
• Development of motions for resolution proceedings and representation of clients in such proceedings.
• Brand and trademark protection;
• Legal services in consumer trade, including handling complaints and legal assessment of marketing actions and their consequences.
• Representing victims and subsidiary prosecutors
• Private prosecutions
• Subsidiary prosecutions
Business insurance law
• Assistance with corporate, tax and regulatory issues connected with insurance activities in Poland of Polish and foreign insurance institutions and agencies, among others sales system organization models created by insurance institutions, insurance products, bancassurance, insurance agents’ remuneration and motivation rules;
• Consultancy while developing insurance products;
• Development, evaluation and negotiation of insurance agreements concerning life insurance and other personal and property insurance, including among others TPL insurance, loan insurance and other commercial insurances, unit-linked life insurance;
• Development and evaluation of general terms and conditions of insurance;
• Development and evaluation of bancassurance agreements;
• Due diligence of insurance institutions;
• Exchange of correspondence with banks, insurers, the Financial Supervision Authority and the Financial Ombudsman;
• Handling insurance disputes.
Court and arbitrary procedures
• Representing Clients in all common courts and all administration courts, the Supreme Court, the Supreme Administrative Court, as well as all sorts of arbitrary courts.
• Writing all procedural writs and taking active, personal part in court sessions.
Energy, oil & utilities
• Drafting contracts related to the energy market, including contract models for energy sales, complex contracts and contract for the wholesale market (including framework agreements and EFET).
• Creating collection procedures for energy enterprises.
• The full spectrum of legal support and services in relation to the energy market – including an end customer sales TPA advisory.
• Legal support in scope of electric energy and gas distribution.
• Handling procedures in front of energy, gas and heating market regulators (Energy Regulatory Office – ERO -, tariffs, concessions, permits, disputes, proceedings in front of the Office of Competition and Customer Protection).
• Legal support for enterprises producing energy, including conventional energy, cogeneration, renewable energy sources (winter, water, photovoltaic and scattered micro generation)
• Contract drafting and legal models for the natural gas and LNG markets.
• Legal consultancy regarding property rights trade from certificates of Polish’s market origin, including representation in frond of the president of ERO in proceedings to issue such a certificate.
• Consultancy regarding the issues of CO2, SOx i NOx emission and ETS.
• Legal services regarding environmental protection for electro energy and gas sectors.
• Drafting legal models for the industry regarding usage of energy infrastructures (generation of electricity, gas distribution and micro generation)
• Consultancy regarding scattered generation, ADR/DR.
• Investment projects (energy law, public procurements law, environmental protection law).
• Biofuels, fuels, legal services for refinery and chemical sector.
• Trainings on energy law for the energy sector and other market participants interested in the subject.
• Legal consultancy about energy and gas trade (including both retail and wholesale trade) for Poland’s biggest energy enterprises.
• Services for lighting industry.
• Carrying out transformation projects for various sectors of Polish energy market, in all of its scopes (beginning with production through distribution to trade).
• Consultant and analytical works regarding drawing up and implementing all changes in scope of energy regulations, including the so called “little tri pack” and later on, the Renewable Energy Sources law.
• Legal support regarding sales implementation of services included by the vastly understood energy effectiveness and managing Demand Response – DR/ADR) as well as company activity on the ESCO market.
• Cooperation on creating one of the first concept’s in Poland of energy sale, created via renewable energy sources by prosumers and analysis identifying and describing legal barriers in the evolution of prosumer energetics.
• Hull and machinery insurance
• P&I and third party liability insurance of the owner and other ship interests
• Cargo insurance
• Shiprepairer’s liability insurance
• Litigation and arbitration in relation to insurance claims
Development and investment
• Support of complicated contractual contracts, especially based upon the the Conditions of Contracts standards set by FIDIC.
• Wholesome legal service of entities carrying out investment project in both the design stage as well as the realization of the project.
Company law, corporate law and M&A
• Consultancy on choosing the optimal form for the pursuit of economic activity.
• Representing Clients before courts and administration organs.
• Drafting contracts, statuses, documents and forms.
• Complex preparation and carrying out changes in the organizational structure and legal form, support of shareholders meetings, general shareholders meetings, general meetings of
society members, meetings of the board of directors, meetings of the supervisory boards of capital companies.
• Carrying out transformation and consolidation processes for partnerships and capital companies (including M&A) with taking into consideration optimization of taxes, individually tailored to the nature of the Client’s preferred form of economic entity.
• Legal services for capital groups with complicated organization and capital structure (capital groups, corporations, holdings) including companies with Treasure shareholding, in scope of capital groups management, corporation agreements, the responsibilities of members of supervisory and directional boards.
• Consultancy for every form of cooperation carried out by the Client as a means of pursuing his economic activity and of realization of business activities alongside other legal entities (i.e. consortiums), with special consideration of the nature and expectations of the public procurement law.
• Help and support regarding purchasing and sales of a business or its organized part.
• Legal support for societies, foundations and sports clubs.
• Corporate supervision, shareholders agreements, corporate reorganization, commercial contracts, fusions, consolidation project, consortiums, purchases and sales of business and assets.
• Current tax consultancy in the scope of operative and investment activity of a Client.
• Analysis and drafting contract models, with the optimization of their legal-tax effects.
• Consultancy in regards of transfer prices, including help with preparing documentations of transactions with related entities and with entities with their head offices in countries engaging in harmful tax competition.
• Consultancy regarding transactions with foreign entities.
• Consultancy regarding the tax effects of restructuring processes.
• Tax studies and analysis of planned and of executed economic transactions.
• Issuing tax opinions and granting recommendations.
• Representation in control, tax and penal-fiscal proceedings.
• Representation in administrative courts’ proceedings.
• Screening of the debt.
• Negotiations with the debtors.
• Filing claims to courts.
• Carrying out court bailiff procedures.
• Wide spread collection of receivable all over the country.
• Last wills
• Confirmations of inheritance acquisition
• Divisions of the inheritance
• Legitimate portions
• Inheritance related agreements
Legal support for borrowers [CHF]
• Analysis of loan agreements in terms of abusive clauses;
• Showing possible strategies leading to e.g. reduced loan balance, return of overpaid instalments or low down-payment insurance premiums;
• Development of necessary documents;
• Client’s representation at court.•
Family and custody law
• Parents and children contact orders
• Child’s residence orders
• Parental’s authority
• Division of assets