Services

Efficient support in the field of public procurements requires not only great knowledge of the law, but also thorough knowledge of rules and practices of the market, jurisprudence, in particular: of the Arbitration Tribunal, the National Chamber of Appeal, District Courts, opinions of the Public Procurement Office and customs of Awarding Entities and Contractors. Therefore, our team is continuously updating their knowledge in this field.

In order to let a Client to benefited from our expertise in possible widest scope, we offer rendering services on the basis of a Permanent Advisory Agreement. Under this agreement, in case of an Awarding Entity, KZP comprehensively prepare and carry out a contract award procedure. In case of Contractors, the agreement guarantees that KZP on a current basis – from the moment of publishing a contract notice until resolution of a tender – verifies compliance of actions undertaken by an Awarding Entity and Contractors with provisions of public procurement law.

This mode of cooperation, i.e. very close to our Client, allows for efficient operation, quick responses and identifying threats. In case of Awarding Entities, it is taking the utmost care actions consistent with provisions of the Public Procurement Act. And in case of Contractors – signaling possibility to challenge a contract notice, specification of essential terms of contract, requests to participate in a contract award procedure and offers, as well as timely development of legal solutions that are consistent with the requirements of the Awarding Entity and law.

KZP offers cooperation within the range of advisory services consisting in formal legal help throughout the procedure of seeking public procurement contracts, and in particular in:

• providing consultancy and drawing up opinions,
• drawing up or formal assessment of the content of contract notices in terms of their legal compliance,
• drawing up or formal assessment of the specific specifications of essential terms of contract in terms of their legal compliance,
• formal assessment of requests to participate in a contract award procedure and offers submitted in contract awarding proceedings, including examination of legitimacy of a trade secret reservation,
• drawing up for an Awarding Entity such papers as call for clarification, call for supplementing an offer, call to agree to correct errors, call to explain those parts of an offer that have impact on the price level, request for extension of the offer validity, information on the exclusion of a Constructor, rejection of an offer and information on selection of the most advantageous offer,
• drawing up for a Constructor such papers as clarification of unperceived content of an offer, explanation concerning those parts of an offer that have impact on the price level, supplement, consent to correct errors, ongoing correspondence with the Awarding Entity,
• drawing up information about actions taken by the Awarding Entity incompliant with the Public Procurement Act, appeals, response to the appeal, accessions, objections of participants of the appeal procedures, objections against accession of the participant of the appeal procedures and claims,
• substitution in appeals and claims proceeding.

Additionally, within the scope of the agreement, KZP provides:

• ongoing guidance on solving encountered problems by way of such means of communication as: fax, phone, e-mail,
• consultancy – both on the Client’s premises and at KZP’s, or at the venue and on the date as agreed.

KZP provides professional advice on matters that may result in liability for breach of public finance discipline. KZP provides legal assistance in proceedings in cases on infringement of public finance discipline:

• in investigations conducted by the spokesmen of discipline,
• in proceedings before the adjudicating committees,
• in the appeal proceedings before the Chief Commission Adjudicating on Infringement of Public Finance Discipline.

The scope of services provided by KZP in the field of public finances discipline also includes providing trainings.
Financial settlement of the EU subsidies

KZP provides comprehensive consulting services in the field of structural funds. KZP lawyers work with both institutions implementing a system of structural funds, donors and beneficiaries of public support. Services provided by KZP in the scope of structural funds include:

• assistance in proceedings for financial corrections imposed on beneficiaries of the EU funds,
• advice on litigations related support grunted from the EU funds.

Corporate and commercial law

KZP provides comprehensive legal services in the field of commercial law and corporate law. In the matter of commercial law the scope of services rendered by KZP includes in particular:

• drawing up, evaluation and negotiation of civil and commercial contracts,
• legal advice on complex business transactions,
• ongoing support for legal entities. Corporate law is one of the leading specialties of KZP. Experience of KZP’s lawyers includes establishment and liquidation of companies, mergers, division and transformation of companies, customized share capital increase, squeeze outs. KZP provides advice on starting and running a business, including help in choosing the appropriate form of conducting this activity. The services provided in this area by KZP include, among others:
• registration of companies, including preparation and submission of applications to the registry court,
• establishment of and legal support for companies, branches, agencies and other entities, including preparation of acts of incorporation (contracts and statutes), preparation of draft resolutions of general meetings of shareholders and stockholders, appealing against resolutions,
• legal assistance in organizing and conducting meetings of shareholders and stockholders,
• changes in personnel of companies’ organs, including the preparation of draft resolutions on appointment and removal of management board and supervisory board members, submitting to the registry court relevant applications,
• division, merger, transformation and liquidation of companies, including preparation of documents for splitting, merging, transformation and liquidation of companies (merger plans, necessary resolutions), submission to the registry court relevant applications
• legal support for authorities of capital companies,
• representation in proceedings before courts, including cases on liability of board members,
• consultancy on sale of shares.

Bankruptcy law

KZP provides comprehensive legal services to participants of bankruptcy proceedings in all stages of such proceedings. KZP’s lawyers provide professional assistance in matters related to bankruptcy, in particular they:

• prepare bankruptcy petitions,
• put claims,
• represented in bankruptcy proceedings,
• advise on development and implementation of proposed arrangements,
• conduct proceedings on exclusion of properties of third-parties from a bankruptcy estate,
• prepare legal opinions on issues of particular importance and complexity.

Civil law

KZP provides comprehensive legal services in the broad sense of civil law. KZP’s offer includes in particular advising on the following issues:

• civil and economic relations,
• the issue of ownership, other rights in rem and contractual relationships
• assistance in negotiations of agreements and on the phase of performance of contracts,
• execution of the claims,
• securing contracts,
• enforcement and security proceedings. KZP’s lawyers particularly specialize in contract law. Therefore KZP provides advice on all matters related to conclusion, termination and implementation of civil law, both in the course of professional and consumer relations, including:
• drawing up, negotiation and providing opinions on contracts,
• consultation during execution of contracts,
• assistance in verification and perusing claims arising from contracts. As part of its specialization KZP’s lawyers advise on the selection of optimal contractual solutions, which secure interests of our Client, and pay particular attention to the widest possible recognition and protection of all types of risks associated with drawn up and negotiated agreements.

Copyright

KZP renders services in the scope of broad spectrum of copyright, providing its customers with comprehensive legal services. Services offered by KZP include:

• drawing up opinions,
• representing clients in civil and criminal cases regarding copyright infringement;
• assistance in the drafting contracts and negotiations, including drawing up contracts on exploitation of a composition the needs of producers, publishers, cultural institutions,
• data protection, protection of business secrets and know-how, including drawing up and negotiating confidentiality agreements and licensing of know-how, and representation in disputes regarding to business secrets,
• contacts with organizations of collective management; KZP’s lawyers specialize in issues relating to the transfer of rights, granting of various types of licensing on exclusive rights, liability for violations of copyright, etc.

Economic law

KZP specializes in comprehensive legal service on entrepreneurs, in respect of all matters that are related to undertaking, conducting and termination of economic activity, particularly in following matters:

• widely understood civil law, including property rights, real estate, mortgages, liens,
• drawing up and reviewing contracts in the field of economic relations such as sales contract, lease contract, rental agreements, lease agreements, agency contract, factoring agreements, bank account agreements as well as for guarantees and compensation claims;
• bills of exchange law and cheque law;
• security of agreements and assignment of receivables;
• banking law, including bank account agreements, loans, guarantees, letters of credit, bank guarantees and other banking activities;
• representation of entrepreneurs before organs of state administration and local government administration bodies;
• representation of entrepreneurs in proceedings before courts and arbitral tribunal in civil and economic cases;
• collection and enforcement. KZP’s lawyers particularly specialize in contract law. Therefore, KZP provides legal support on all matters related to conclusion, termination and execution of civil contracts, including those related to complex economic transactions.

Unfair competition

One of the leading specialty of KZP is law on combating unfair competition. KZP’s lawyers team advise on substantive and procedural matters related to acts of unfair competition, including the issues of obtaining a injunction relief. In the scope of rendered services KZP provides assistance in such issues as:

• blocking access to the market, including collection of fees other than the margin for admittance goods for sales,
• identification of an entrepreneur and identification of origin of goods,
• imitation of products,
• violation of business secrets,
• unfair advertising and advertising prohibited by law. KZP also provides legal assistance in criminal cases for combating unfair competition

KZP provides legal advice on all matters related to real estate. KZP Lawyers deal in particular with:

• advising on the acquisition (including purchase or expropriation) and dispose of property, including preparations, negotiations, analyses of a contract and advises on the stage of execution of a contract,
• consultancy in the scope of transfer a property to a third party for usufruct, including preparations, negotiations, analyses of rental and lease agreements and advises on the stage of execution of a contract,
• analyses of the legal status of a property and advising on the most effective ways to remove negative results of such analyzes,
• advising on the establishment and abolition of estate duties, in particular limited property rights,
• advising on all aspects of private and public law related with development of a property
• advising and representation of foreigners in the process of obtaining permits for the purchase of a property,
• legal representation in judicial, administrative, and judicial and administrative provisions related to properties, including privatization claims. One of the leading KZP’s specialization is broadly defined consulting in the course of investment process. KZP lawyers deal in particular with:
• drawing up and negotiating construction contracts and contracts for the design documentation,
• advising on planning and spatial management as well as on development process. Conduct of services rendered by KZP is supported by specialists of other areas of law, including tax advisors and lawyers specializing in the financing of investments and relationships with banks.

KZP provides comprehensive legal services both in terms of substantive administrative law and administrative procedure. KZP lawyers represent clients at all stages of the proceedings and all aspect of widely understood administrative law. Scope of matters conducted by KZP includes in particular:

• drawing up applications for issuance of administrative decisions, in particular regarding permits and licenses,
• drawing up all applications, proposals and other documents filed in the course of administrative proceedings,
• drawing up appeals and complaints against decisions of administrative organs,
• representation before administrative bodies, regional administrative courts and the Supreme Administrative Court,
• consultancy and representation in administrative enforcement proceedings, pursuing compensation for damages caused by illegal administrative decisions,
• drawing up legal opinions.

KZP conducts following judicial and administrative proceedings:

• Civil and economic cases before common courts and the Supreme Court,
• Administrative matters before public administration authorities, regional administrative courts and the Supreme Administrative Court,
• Administrative proceedings before the President of the Office of Competition and Consumer Protection (pol. UOKiK) and the Court of Competition and Consumer Protection,
• Economic cases before arbitration courts, · Bankruptcy and recovery,
• The proceedings before the labor courts in disputes related with labor,

We also undertake services in field of ADR, i.e. we conduct pre-court proceedings aimed at an amicable solution to the dispute. If the ADR proceedings do not satisfy parties to the dispute, we undertake court proceedings in the context of ordinary proceedings, proceedings for granting the court enforcement clause, and separate proceedings, in particular injunction, writ, electronic writ (EPU) and simplified procedure. We also conduct inheritance proceedings, in particular aimed at determination of heirs and to obtain a writ of execution to the heir.

Defense in criminal cases and offenses, in preparatory proceedings and before common and military courts, in both instances, as well as in enforcement proceedings (applications for deferment of the execution of a sentence, a break in serving a penalty of imprisonment, conditional early release).

Representation of victims and auxiliary prosecutors, in criminal cases, in preparatory proceedings and before the courts of both instances.