Due dilligence w tłumaczeniu wprost oznacza należną staranność. In specific business relationships, in particular between entrepreneurs, due diligence means that before a transaction, the subject of the transaction, e.g., real estate, other goods, companies or property rights should be diligently examined. An examination conducted by the CSP Law Firm many times enabled the identification of irregularities, which could have been easily removed in advance, and when ignored could result in the future in a series of complications, or even in the transaction being invalid.
The CSP Law Firm when drawing up the results of a due diligence analysis does not only point out the established problems and risks, but also methods of removing, eliminating or reducing the risks related to the transaction.
We provide services consisting of legal support when conducting negotiations, both business negotiations conducted before a transaction, and in case of a dispute, both pre-trial as well as in parallel to the conducted court proceedings. We help to prepare and present customer’s position, explaining the legal results of the decisions made or obligations incurred. We also propose legal frameworks for newly created business solutions.
Legal opinions prepared by the CSP Law Firm are always directed at finding a manner to proceed in a specific situation. Our many years of experience indicate that due to the complexity of economic reality it is frequently difficult to point out a single correct solution, which is why in order to support the customer in the best possible manner, we present the possible directions of activities, describing the results of each of them.
The CSP Law Firm also provides legal advice using telecommunications measures, including by e-mail. As part of the provided legal advice we perform an analysis of the documents possessed by the customer, we indicate the regulations in force for the issue in question and we suggest the manner of proceeding.
The CSP Law Firm has provided services for many M&A activities, consisting of restructuring, dividing or merging of companies. Legal aid in this scope starts already at the stage of preparation of a plan for these activities. During the entire operation we work together with the customer’s bookkeeping department and tax advisers and we coordinate all activities related to the division, merger or acquisition. Besides the preparation of the necessary documentation for the registry procedures, the necessary changes to the company’s articles of partnership or association are also drawn up, possible agreement between the partners/shareholders, and if needed legal solutions concerning the exclusion of assets.
More and more frequently the restructuring of the form of economic activity is related to succession issues in family-owned businesses, which requires individual and not purely legal approach to the delicate issue of family relations.
The CSP Law Firm prepares both internal and external regulations for the businesses of its customers. As part of our past experiences for this first group we have drawn up many employee manuals, non-disclosure agreements, warehouse management regulations, personal data processing documentation in accordance with the GDPR, as well as regulations for handling and circulation within a laboratory of substances subject to the Law on Preventing Drug Addiction. Within the second group of regulations we have drawn up, among others, terms and conditions for electronically supplied services, for Internet stores, general contract terms and conditions. We approach each regulation on an individual basis, attempting to learn the specifics of the customer’s business, so that the regulations actually fulfil their intended purpose and regulate the manner of proceeding within the customer’s company within the scope of regulated matter.
The CSP Law Firm prepares drafts of all types of agreements, for both business and individual customers. The idea behind the drawing up of agreements is to ensure that the agreement is actually put into effect, and that the possible problems occurring at the stage of its implementation are rapidly resolved without the need to conduct a long and drawn-out court proceedings. That is why we endeavour to make sure that the contents of the agreement reflect as accurately as possible the wishes of the contracting parties, and for this reason before commencing the work, we establish precisely the subject of the contract, its purpose and the justification for its signing by the customer.
We also conduct analysis of the draft agreements presented by the contractors of our customers, indicating possible risks. An analysis of an agreement may also result in a proposal to change specific provisions or to accept a different legal solution, which will be more advantageous for the customer, but taking into account the interests of their contracting party.
We provide legal aid in establishing of companies, starting with advising of a specific type of company, or possibly another legal and organisational form, explaining its advantages and suitability for the planned economic activity, by preparing the articles of partnership/association and possibly an agreement between the partners, organising if needed the signing of the necessary documents before a notary public, and ending with representing the newly created organisational unit in registration proceedings with the National Court Register.
In addition to agreements and articles of association of commercial companies, we also draw up civil partnership agreements, as well as articles of association of foundations and associations, including conducting the registration proceedings for these organisational units with applicable registers.
We also help to establish companies with the use of an agreement form which is made available in the S24 IT system.
We provide legal representation services for judicial or administrative courts, arbitration courts, disciplinary courts and the Supreme Court. We also represent our customers in proceedings with administrative bodies, including the tax authorities.
At the pre-trial stage already, we advise our customers to adopt specific trial strategies, to select appropriate legal measures and to collect evidence for future proceedings.
We provide legal services related to bankruptcy and restructuring proceedings both on the behalf of debtors and creditors. In particular we perform procedural acts, such as filing a bankruptcy motion, a motion to commence restructuring proceedings, submission of claims or filing of various types of complaints. We represent customers sitting on a creditors’ committee or on a creditors’ meeting. We also monitor the course of procedure, attempting to provide the customer with a highest possible degree of satisfaction of their claims.
To provide services of highest quality and complexity to our clients we constantly cooperate with specialists in the field of translations, economic and accounting.