Bukaczewski

Legal services for business.

We render comprehensive legal
advisory services to Polish
and foreign enterprises
with particular consideration of
real estate and IT sectors.

We keep aiming at perfection as we know that
the meaning of our work is hidden in words.
Therefore we care about each detail – because
details matter...

  • About Us

We perceive our services as an element of risk management in the business activity conducted by a Client.

We understand our Clients’ needs. We are aware of how important for our Clients is the balance between the legal security and keeping business priorities.

Having gained our legal experience in leading international law firms, we can offer legal services complying with the utmost international standards rendered by the experienced lawyers with an individual approach to the Client. We believe that this model of legal services ensures high quality of the services on one hand, and optimizes the costs of legal advisory on the other.

Łukasz Bukaczewskilegal counsel

Łukasz Bukaczewski is legal counsel and a member of the Circuit Chamber of Legal Counsel in Warsaw. He has graduated from the Faculty of Law and Administration of the Warsaw University and postgraduate managerial studies Economics of Architecture and Space at the Real Estate University in Warsaw.

He specializes in real estate law, construction law, corporate law and law of commercial contracts. His practice also comprises intellectual property law and IT law as well as litigation. Łukasz Bukaczewski has gained his experience in the major international law firms such as: Magnusson, Lovells and Weill, Gotshal & Manges. He also worked as in-house lawyer at a developer managing a portfolio of retail malls all over Poland. He combines legal expertise with the knowledge of practical and business aspects of conducting business activity. His negotiation skills and the ability to identify the Clients’ business objectives are highly praised by the Clients from a variety of sectors.

He specializes in drafting lease contracts for retail and office space - both for the landlords and the tenants. He is experienced in advising Polish and foreign investors during the transactions connected with real properties, be they office, commercial, or residential projects and in commercialization processes. He also advised the banks on financing of real property investments. His experience comprises legal advisory services to a foreign investor in connection with the construction of a network of wind power stations throughout Poland.

He renders legal advisory services to the Clients operating in the IT and e-commerce sectors as regards the supply agreements and the implementation of IT systems, license agreements and the organization of Internet portals and shops, including the issues connected with personal data protection. He has advised, among others, a foreign financial institution during the implementation of new methods of international transfer of money using modern data-transmission technologies.

Łukasz is fluent in English. He also speaks German.

Real Estate

We advise our Clients on all stages of real estate projects, i.e. acquisition and development of a real estate, construction process and commercialization. 

Our services include in particular:

Acquisition of real estate

  • advising on letters of intent
  • legal due diligence of real estate
  • legal aspects of project financing
  • preparation of agreements for purchase of a real estate

Construction and environmental protection

  • legal aspects of development of real properties (division and joining of real properties, establishing of easements, etc.)
  • representing Clients in proceedings before administrative bodies and administrative courts in connection to construction permits and environmental decisions
  • Preparation and negotiation of contracts for construction works, contracts for architectural services, contracts for investor’s substitution and investor’s supervision
  • Preparation and negotiation of other civil law agreements connected with the investment

Commercialization of real estate

  • Drafting and negotiation of lease contracts
  • Drafting and negotiation of agency agreements
  • Drafting templates of preliminary purchase agreements of apartments (development agreements)

Restitution of real estate

  • Representing Clients in proceedings for declaration of legal succession from previous owners
  • Representing Clients in proceedings for return of the real estate in nature or financial restitution claims
  • Representing Clients in disputes regarding remuneration for non-contractual use of a real estate

Corporate matters

One of the factor affecting the success of an intended project is the choice of the appropriate legal form of activity customized to the nature of the project, the shareholders structure and sources of financing of the investment.

Advising on corporate matters we take into account both the business aspects of the Clients activity and optimal legal and tax solutions. We advise the Clients on planning and developing the corporate structure of the enterprise, M&A transactions and day-to-day activity.

Our services include:

  • Planning and developing the corporate structurej
  • Establishing and registration of the commercial companies
  • Preparation of the shareholders agreements
  • Advisory on corporate governance and disputes between the shareholders
  • Advisory the shareholders and the governing bodies of a company, e.g. in the scope of liability
  • Advisory on ongoing corporate matters (assistance in shareholders meetings, drafting resolutions of the board)
  • Change of the share capital
  • Advisory on transformation, division and liquidation of a company
  • Legal due diligence preceding acquisition of shares in a company
  • Drafting and negotiation of the share purchase agreements.

Commercial contracts, Collaterals and judicial enforcement of claims

Commercial contracts

We render legal advisory on conclusion of the commercial contracts by the entrepreneurs from various sectors with particular consideration of real estate, IT, e-commerce and media.

As we are acquainted with the preferred sectors and experienced also as in-house lawyers, we give legal advice taking into consideration not only the legal consequences of the provisions of a contract, but also projection of future execution of those provisions by the contracting parties – therefore we define in bright perspective the potential risks of a given transaction.

Collaterals and judicial enforcement of claims

For the purpose of securing the performance of concluded contracts or enforcing claims arising from improper performance of a contract, we offer comprehensive legal advisory services comprising of:

Establishing collaterals of future receivables and proper performance of a contract, in particular:

  • Bill of exchange
  • Bank guarantee
  • Third party surety
  • Collaterals in kind (pledge, mortgage)

enforcement of receivables, including:

  • Negotiation with debtors
  • Drafting default letters and statement of claim
  • Drafting settlements between a debtor and a creditor
  • Representing Clients at judicial proceedings
  • Coordination of the enforcement proceedings.

New Technologies and e-Commerce

New Technologies

We provide comprehensive legal advisory for the Clients operating in the sector of new technologies. Our services comprise:

  • Drafting agreements for supply, implementation and servicing of IT systems
  • Drafting agreements for developing new Internet solutions (portals)
  • Advising on license agreements
  • Legal due diligence and representing Clients in transactions for transfer and implementation of new technologies
  • Representing Clients in disputes regarding new technologies and information protection, including right to Internet domain

e-commerce

We offer comprehensive legal advisory for portals’ administrators and e-stores’ owners in scope of:

  • Organization of e-stores and portals as well as on day-to-day activity related to electronic services
  • Rules and regulations of Internet services and e-stores, regulations of promotions and Internet auctions
  • On-line contracts
  • Electronic payment instruments
  • Protection of proprietary information (including personal data protection), data transfer and privacy policy
  • Web providers’ liability for web content
  • Protection of copyright in the Internet
  • Internet advertising, including spam issues

Personal Data Protection

We render comprehensive legal services related to personal data protection, in particular, with regard to advertising campaigns, web portals and other undertakings of entities operating on the e-market.

Our services include:

  • Drafting complete documentation within a scope of personal data protection, in particular, formulating privacy policies, security policies and IT management instructions
  • Auditing compliance with regulations of personal data protection
  • Assessment of legal risks and optimization of procedures of personal data protection in multi -level marketing and advertisement projects
  • Represent our Clients in proceedings at the Inspector General for the Protection of Personal Data
  • Draft contracts on transfer of personal data (including contracts on transfer of personal data to third countries)

Intellectual Property

Media & Copyright

We offer legal services in all matters related to exploitation of copyright works and transfer of copyright to the needs of:

  • Audiovisual producers
  • Advertising agencies and PR agencies
  • Internet portals
  • Architects
  • Artists
  • Other entities exploiting copyright works in connection to their activity

Our services comprise in particular:

  • Drafting and negotiation of co-production agreements
  • Drafting and negotiation of agreements for contribution to an audiovisual work
  • Preparation and negotiation of license agreements and copyright transfer agreements (including new fields of exploitation - IPTV, VOD, streaming)
  • Representing Clients in negotiations with organizations for collective administration of copyrights and related rights as well as in disputes on infringement of copyright or image right
  • Advising on advertising campaigns and marketing activities, including legal assessment of advertising materials and promotion regulations

Industrial Property and Combating Unfair Competition

We provide legal advice on protection and transfer of rights to trademarks, industrial designs, utility models and inventions as well as on unfair competition.

Our services include:

  • Legal advisory on matters of granting and maintenance of industrial property rights protection before the Patent Office and the Office for Harmonization in the Internal Market (OHIM) in Alicante
  • Drafting contracts for intellectual property transfer, license agreements, franchise agreements
  • Advisory on tariff protection of foreign counterfeit goods
  • Represent Clients in cases of infringement of patent rights, trademark rights and cancellation of exclusive rights as well as in matters of unfair competition

Taxes

Our experienced tax adviors offer their services in all tax matters, including in particular:

  • Ongoing legal advisory in tax matters such as: VAT, tax on civil law transaction (CLT), income tax (CIT, PIT)
  • Planning of transactions and corporate structur
  • Transactions between related entities (transfer pricing)
  • Drafting applications for interpretation of the tax law
  • Representation of the Clients in tax proceedings

Labor Law

We are aware how important for the success of each enterprise are people who work for it.

  • Entering into employment agreement and termination thereof under the Labor Code
  • Advisory on the cooperation forms beyond the Labor Code
  • Advisory on work regulations and remuneration regulations
  • Management contracts
  • Non-competition agreements
  • Advising on transfer of the workplace to another employer
  • Represent Clients in lawsuit proceedings in matters of labour law, including
  • Matters of damages for unlawful termination of employment agreement, cases of discrimination and mobbing

To Polish companies intending to employ foreigners in Poland we offer our advisory at procedures of obtaining and prolonging work permits for foreigners in Poland as well as legalization of stay in Poland.

Insolvency and bankruptcy law

Oferujemy kompleksowe doradztwo prawne w zakresie restrukturyzacji działalności i zobowiązań zarówno dla firm, które planują negocjacje redukcji zadłużenia z wierzycielami, jak również dla wierzycieli, którzy uczestniczą w postępowaniach naprawczych lub upadłościowych swoich dłużników. Świadczymy również pomoc prawną podmiotom, których sytuacja obliguje do wszczęcia postępowania upadłościowego.

Nasze usługi obejmują w szczególności:

  • opracowywanie planów restrukturyzacji zadłużenia zmierzającego do zawarcia ugody z wierzycielami poza procedurą postępowania upadłościowego
  • pomoc prawną podczas negocjacji dotyczących pozasądowego zawarcia układu pomiędzy wierzycielami a dłużnikami
  • regulaminy pracy i wynagradzania
  • kontrakty menadżerskie
  • doradztwo w zakresie zabezpieczenia wierzytelności na wypadek niewypłacalności kontrahenta
  • reprezentowanie wierzycieli i dłużników w postępowaniach upadłościowych i naprawczych
  • sporządzanie wniosków o ogłoszenie upadłości oraz zgłoszeń wierzytelności w postępowaniu upadłościowym
  • doradztwo w zakresie zawierania kontraktów i nabywania mienia od podmiotów w upadłości
  • doradztwo dla członków organów oraz wspólników spółek w zakresie odpowiedzialności na wypadek niewypłacalności.

Disputes Resolution and Litigation

We provide our Clients with legal services of dispute resolution starting from a pre-litigation stage through representation in proceedings before the common courts and arbitration courts, administrative authorities and administrative courts as well as before the Supreme Court.

At a pre-litigation stage we assess grounds of raised or questioned claims and develop litigation strategy.

Before filing a suit, with a view to optimizing the Client’s costs and gaining the preferable result, we advise on possibilities of amicable dispute resolution and negotiate on behalf of the Client with the other party of the dispute.

  • Contact

Łukasz Bukaczewski Kancelaria Radcy Prawnego

ul. Prosta 51
00-838 Warszawa, PL
tel: (+48) 22 390 58 90
fax: (+48) 22 390 58 91
office@bukaczewski.pl

Contact form

Shall you have any inquiry relating to our services, do not hesitate to contact us under the above given number or e-mail address. You can also send us the inquiry form.

© 2014 by Łukasz Bukaczewski Kancelaria Radcy Prawnego.