compliance

Publications - compliance

economic offences

Possible criminal law consequences of not dematerialising shares

The process of dematerialising shares, i.e. the replacement of paper share documents with electronic records in the register maintained by Krajowy Depozyt Papierów Wartościowych (National Depository for Securities), is a key element of capital market modernisation. In Poland, this obligation stems from amendments to the Code of Commercial Companies and the provisions of the Act […]

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Can greenwashing pose a risk of criminal liability?

In recent years, increasing attention has been paid to environmental issues. This is reflected not only in EU legislation, but also in the lifestyles and purchasing habits of a growing number of people. Not surprisingly, businesses are also responding to this, both by introducing a range of pro-environmental solutions and by taking care to emphasise […]

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compliance

Disclosure of the whistleblower’s identity and criminal liability

Despite the fact that the Law on the Protection of Whistleblowers has already been in force in the Polish legal order since September 25, 2024, it is still the subject of numerous controversies and heated discussions. The provisions regulating criminal liability for violating the duty of protecting a whistleblower’s identity are particularly problematic. These regulations, […]

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The liability of a whistleblower for making a report or public exposure despite knowledge that there was no violation of the law

The Law on the Protection of Whistleblowers was promulgated in the Polish Journal of Laws on June 24, 2024, which in practice means that it will come into force on September 25, 2024. Poland was the last country to complete the process of adapting the EU whistleblowing directive into national law. The whistleblower protection system […]

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compliance

Liability for breaches of AML obligations

AML/CFT is a highly relevant area from the perspective of national and EU authorities. The obligations on private entities are extensive and raise many questions as to their practical application. Breaches of AML obligations, i.e. their omission or inadequate implementation, can lead to severe penalties for both institutions and individuals acting within their structures.

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economic offences

Extended confiscation

Pending criminal proceedings involve risks not only for the potential perpetrator, but also for their counterparties. This is due, on the one hand, to the possibility of questioning them, demanding the release of documents and, on the other, to the risk of losing money. How is this possible? The basis in such cases are the […]

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compliance

AML Package, MiCA and other EU projects

Recently, we can note European Union’s increased activity in the legislative field. Part of planning changes will affect many businesses. AML Package and MiCa will particularly affect the financial sector, the crypto-assets sector, and other obliged entities (to apply anti-money laundering duties).

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compliance

Money laundering risk assessment and its importance

Obligated institutions are entities obliged to fulfil AML obligations. They should know what the impact and importance of a money laundering risk assessment is, how to carry out a money laundering risk assessment and what are the mandatory elements of a risk assessment document. In this article, we will try to provide some insight into […]

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economic offences

New draft amendment to the Liability of Collective Entities

In November this year, the Polish Ministry of Justice decided to amend the draft amendment to the Liability of Collective Entities for Acts Prohibited under Punishment Act. After many negative comments from theoreticians and legal practitioners, the drafters decided to drop the most controversial of the planned changes.  

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economic offences

What establishing of The European Public Prosecutor’s Office means for Polish enterpreneurs?

The European Public Prosecutor’s Office (or EPPO) is active since June 1st, 2021. It has the power to investigate, prosecute and bring to judgment crimes against the EU budget. Poland does not participate in the enhenced cooperation with this institution. Still, its existence has an impact on the Polish enterpreneurs.

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