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Mergers and acquisitions in Polish law


1. The acquisition by way of the so-called “share deal”
1.1 Legal forms of the sale of shares and stocks
1.1.1 Sale of stocks in a limited liability company
1.1.2 Forms of the sale of shares in a joint-stock company
2. Limitations in the disposal of shares and stocks
2.1 Limitations affecting the foreigners
2.2 Limitations concerning agricultural land
2.3 Limitations arising from the competition law
2.3.1 Concentration at the national level
2.3.2 Concentration at the EU level
2.4 The limitations arising from the Act dated 2 July 2004 on the freedom of economic activity
3. The acquisition of enterprise by way of the so-called “asset deal”
4. Merger of companies
4.1 General remarks
4.2 Types of mergers
4.3 Effects of a merger
4.4 Procedure of merging Polish share-holding companies
4.5 Procedure of cross-border merger of companies
4.6 Limitations





Prepared for the Polish Investment and Trade Agency by:


BMSP Boryczko Malinowska i Partnerzy Adwokaci i Radcowie Prawni
(BMSP Boryczko Malinowska i Partnerzy Law Firm)

Polish Investment and Trade Agency

Krucza St. 50

00-025 Warsaw

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