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you now will be easier to avoid the payment of the debts of the company?

Commercial Code says that if the execution against the company proves to be ineffective, the board members jointly and severally liable for its obligations. However, you can avoid this liability, among others when you apply for bankruptcy of the company. Now if you apply with an error, you can correct it!

recall that a trustee may be released from liability for the debts of the company if it demonstrates that: •
timely application for the bankruptcy or arrangement proceedings or what
• Though not a bankruptcy petition has been filed and no action had been initiated the arrangement, but there was no fault or
• despite the failure to notify of the bankruptcy and composition proceedings niewszczęcia creditor has not suffered injury
(Art. 299 CCC).
member of the management principles of accountability for the tax debts of the company are similar. The basic premise of allowing avoidance of the above. responsibility is to submit on time an application for bankruptcy of the company.

Until you have put a proposal to declare bankruptcy, which does not satisfy the requirements of the Act or has been improperly paid, the court addressed without calling it a supplement or pay. From 22 December 2010, so it will be only if the request has been filed by representing you lawyer. From that date, apply changes to the Bankruptcy Act, and repair work to bring these benefits to you the rules.


So, if you make a mistake in a proposal that you bring yourself, you'll have a chance to correct it, the proposal will be deemed made in the initial period. Therefore find it easier to avoid liability for the debts of the company.

more about matters related to the everyday functioning of the board of a limited liability company, see the guide "Advisor to the President a limited liability company."

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When you cancel the contract?

must reckon with the fact that the contract you sign will not be done by the contractor. But the company may be interested in that did not apply. Why, for example, prove that the economic situation has changed and most profitable to if the contract had ceased to have effect. Sometimes it would therefore be entitled to withdraw from the contract. How do I do?

The agreement can provide for a derogation from it - to this end we introduce the notion of a contractual agreement the right of withdrawal or odstępnym.
contractual right of withdrawal and odstępne allow you to "exit" from the contract with immediate effect. In this way, your company ceases to be bound by the agreement.

contractual right to withdraw the claim under the contract, under which one or both parties may, in specified in the contract period to rescind the contract.

Odstępne while a record, according to which one or two pages contract may rescind the contract, but the simultaneous payment of a designated sum (called odstępnego).

In case of withdrawal, as in the case of the implementation of a contractual right of withdrawal, the contract is considered null, and what the parties have already testified, ask yourself
in an unaltered state unless a change was necessary in the ordinary management. For services rendered and for the use of things other party entitled to adequate remuneration.

You can also cancel the contract directly from the records of the Civil Code. This is possible in principle, if: • Your
contractor fails to perform within a specified time and place of their obligations and have called it
• within a reasonable time to perform (although it can be foreseen in the agreement that you will not need the appointment time).

more information on matters related to the conclusion of agreements by the company read the guide
"Advisor to the President a limited liability company."

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Can reduce a penalty?

The contracts are now often claimed liquidated damages. This is a good kind of security because they do not require any financial investment, you do not need to register it, etc. Can you reduce the imposed the penalty for your company that you believe is too high?

Liquidated damages - especially with the addition scrumptious promissory note - this is a good type of security, you anticipate that there might be difficult to assess the damage and prove eg resulting from a breach of confidentiality or non-competition. In such a situation you do not need to show damage, and it is enough to indicate the same infringement, and added that the parties agreed in the contract "if the violation is worth."

However, it is important to note that the amount of security must be high - but a need to assume that such . divulged confidential data is of utmost importance. Meanwhile, in a particular case, you may find that there was a de facto disclosure of non-essential information. Then the other party may request a reduction of the penalty.

accordance with Article. 484 § 2 of the Civil Code to reduce the penalty may be claimed if: • The commitment was
performed a substantial part or
• liquidated damages is grossly excessive.

if it imposes a penalty on a contractor, you have to expect that such a plea will appear, so be prepared, and before you refer the claim to court, make sure the violation is indeed such that you decide to pursue a whole sentence.

more about how to make the contract, read the guide, "Advisor to the President a limited liability company."

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How to refer the matter to the competent court for themselves?

There are many opportunities to refer the matter to the court competent for the seat of your company, such arbitration agreement. I do not need permission to your contractor, as there are: •
so. exclusive jurisdiction (which indicates that the court is "just right") and
• so. commutative property (ie, such that can select one of the parties without the consent of the other).

And that I use the commutative property when I have to direct action for payment. From the Article. 34 of the Code that include in actions for the enforcement of the agreement may be brought before the court of its implementation. Meanwhile, Article. 454 kc is clear that if the place of performance is not marked, it is called a cash benefit. oddawczym debt and should be met at the headquarters of the creditor. Thus, in cases of payment of the claim may be submitted to the court competent for the creditor.

more about issues related to the daily operation of a limited liability company, see the guide "Advisor to the President a limited liability company."

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to bear in mind, entering into an agreement for the transfer of copyright?

the contract work including the transfer of copyright should pay special attention. Why? Because due to the possibility of using 50% of business expenses, such agreements often are of interest in the purse.

What should you pay attention when you conclude an agreement for the transfer of copyright? It is essential that you could prove that such a work was created at all - must therefore be able to show them the official tax office. Such work does not, of course, must be published - works (works under the Law on Copyright and Related Rights) containing copyright is not just books - they can be computer files, presentations, templates, etc. In addition, the articles should strictly define the subject contract, so to be able to verify that what you show fiskusowi, was actually made.

The second issue is to identify areas of exploitation. As recently discovered, many entrepreneurs forget this and do not indicate how it can benefit from the work. Methods of determining the fields of use are different - from very specific to their very general indication that the transfer of copyright applies to "all fields of exploitation." I personally prefer the term fields of use as detailed as possible, with the proviso that in the case of the emergence of new fields of use, the seller undertakes to transfer to the purchaser of the rights to these new fields. More

oo how to make the contract, read the guide, "Advisor to the President of the company
Ltd".