Transferring responsibility to foreign branch managers under Polish law
Chapter 10
If a company is based abroad but conducts business in Poland as a branch, the management’s liability can be transferred in a manner specified by Polish regulations, assessing whether the conditions for declaring bankruptcy of the foreign company are met based on Polish laws.
From the aforementioned EU regulations, it follows that in the case of foreign entities, such as the Maltese company under consideration, whose primary center of main activity is located outside of Poland but has a branch in Poland, the determination of the conditions for bankruptcy that justify filing a petition for bankruptcy may be based on national law since it is relevant. Polish regulations can be applied to the branch of the Maltese company, which falls within the jurisdiction of Polish authorities in initiating bankruptcy proceedings [Judgment of the Supreme Administrative Court dated January 19, 2024, Case No. III FSK 580/23]
Founder and Managing Partner of Skarbiec Law Firm, recognized by Dziennik Gazeta Prawna as one of the best tax advisory firms in Poland (2023, 2024). Legal advisor with 19 years of experience, serving Forbes-listed entrepreneurs and innovative start-ups. One of the most frequently quoted experts on commercial and tax law in the Polish media, regularly publishing in Rzeczpospolita, Gazeta Wyborcza, and Dziennik Gazeta Prawna. Author of the publication “AI Decoding Satoshi Nakamoto. Artificial Intelligence on the Trail of Bitcoin’s Creator” and co-author of the award-winning book “Bezpieczeństwo współczesnej firmy” (Security of a Modern Company). LinkedIn profile: 18 500 followers, 4 million views per year. Awards: 4-time winner of the European Medal, Golden Statuette of the Polish Business Leader, title of “International Tax Planning Law Firm of the Year in Poland.” He specializes in strategic legal consulting, tax planning, and crisis management for business.