Wooing investors the Polish way

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The business case for investing in Poland may be known, but the legal reasons for locating and investing there are just as compelling, say Pirouzan Parvine and Karina Furga-Dąbrowska of Salans

The outlines of Poland’s business law will be familiar to Indian investors, especially those with prior exposure to the legal system of another country in the European Union (EU). Poland was part of a programme for the convergence and integration of Polish and EU legal norms before it joined the EU in 2004. As a result, Poland reformed its legal system to the extent needed to ensure that the gap in the legal environment between the two was as small as possible.

Pirouzan Parvine
Pirouzan Parvine

Convergence with a local flavour

It is, however, important to keep in mind Poland’s history, as it influences certain matters. These include the country’s real estate environment where in addition to standard freehold and leasehold ownership, title to land may be by way of a right of perpetual usufruct, which is typically a 99-year ground lease. The title to the land, especially in the cities, may also be exposed to restitution claims from former owners who gave it up during the years of communism.

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Pirouzan Parvine is a partner in the corporate/M&A practice of Salans in Warsaw, where Karina Furga-Dąbrowska, is a partner and head of tax. They can be contacted at PParvine@salans.com (T: +48 22 242 57 43) and KFurga-dabrowska@salans.com (T: +48 22 242 57 63).

Salans has prepared a more detailed guide for Indian investors and will be making it available shortly to Indian companies and law firms it collaborates with.

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