Law Firm YINGKE BWHS is a company founded at the end of 2009 by well experienced legal advisors and tax advisors who are also the founders of the success of polish and international leading law and consulting companies.
We gained an extensive professional experience by providing legal services for the biggest polish law firms and international consulting companies from “Big Four” group. Our experience warrants the highest level of legal services in all matters related to the business law.
The complexity of services and individual approach to each client distinguish us form other law firms in local market. The professional profile of law firms partners and our lawyers makes us able to offer our Clients the best quality services applying flexible and reasonable terms of cooperation.
The Firm employees 33 lawyers and tax advisors. The Firm operates out of a network of 3 offices in Poland: Warsaw, Poznań and Gdańsk. In each office, our teams represent a high level of the knowledge of local legal and tax systems.
Rzeczpospolita made annual ranking of law companies in Poland. In 2015 BWHS Law Office was ranked in two categories – at 80 place in ranking by number of barristers and legal advisors. Andrzej Springer – partner in YINGKE BWHS Law Office is also recommended by Chambers and Partners for his significant experience in arbitration.
AREAS OF EXPERTISE
YINGKE lawyers provide comprehensive legal and tax advice related to conducting business in Poland. We assist in starting a business, acquisition of investors, implementation of the business plan, outsourcing and the current service for day-to-day activities. We represent clients in dealing with markets’ regulators, and the resolution of disputes. We support entering to the stock exchange and at the coming out of the investment. We optimize the tax burdens.
The specialists of YINGKE BWHS provide legal assistance in all aspects of business activity. Our key specialization is providing the legal services for our Clients in very wide range of corporate law. The areas of services provided by our experts in corporate law include, in particular:
·on-going legal support for Clients in corporate matters;
·preparation of corporate documents and opinions for public and private companies, including instructions and orders;
·preparing and negotiating of the shareholders contracts;
·preparing the documentation and advisory in the transformation and the division process of the commercial companies;
·preparation and negotiation of the terms of all types of commercial contracts;
·legal advice on the creation, transformation and liquidation of commercial companies (private companies and limited companies);
·support in the restructuring process of public and private companies.
Lawyers of YINGKE BWHS
have years of experience in providing legal advice for the leading companies acting on the energy market (power, heat, gas, mining and renewable energy sector). We are providing services in energy law, antitrust law and public procurement law. The main services in energy market involve:
·advisory in the preparation of tariffs for the energy companies, advice on proceedings before the President of the Polish Energy Regulatory Office and the President of the Polish Office of Competition and Consumer Protection;
·advisory in the process of design and construction of gas networks, heating and electricity;
·advisory in the investment process for projects concerning renewable energy;
·obtaining the concession for production, trading, transmission, distribution and storage of fuel and energy;
·conducting due diligence for energy projects;
·corporate advisory for energy companies, including: carrying out the restructuring, mergers and acquisitions of energy companies.
Our specialists have years of the professional experience in tax advisory provided to both international companies and local firms acting on the local market. We offer to our Clients:
·representation in litigation before the Polish tax authorities and administrative courts;
·on-going tax advisory in corporate and personal income tax, value added tax, tax on legal transactions, real estate tax, excise tax and other legal public duties;
·comprehensive tax reviews aimed at minimizing tax risks and tax optimization;
·assistance in the settlement of current tax liabilities, including the acquisition by our company of all duties related to the settlement of the current value added tax, income taxes and other tax liabilities (compliance services);
·analysis of contracts concluded by Clients for identification and reduction of tax risks;
·advisory in mergers and acquisitions (including tax optimization for transformation process);
·advisory and assistance in the pricing transfer;
·trainings for Clients on tax aspects of business activity in Poland.
Litigation and arbitration
Our lawyers provide legal services of Clients in the settlement of disputes at all stages of proceedings, from mediation or attempt the settlement of the dispute to representation of Clients in entire legal procedure in Poland. The Firm represents Clients in all proceedings, including in particular:
·mediation or settlement negotiations;
·the proceedings for securing the claims;
·the proceedings before the courts and bodies of all instances, before the Supreme Court and administrative courts (Supreme Administrative Court and District Administrative Courts) in Poland;
·the proceedings before arbitration courts;
·the proceeding in bankruptcy and reorganization;
·the penal proceedings both at judicial phase and preparatory proceedings phase.
We are advising our Clients on matters relating to notification of a concentration of enterprises, abuse of a dominant position and competition restricting practices (including inter alia: misleading advertising, comparative advertising). We represent our Clients in the proceedings before Polish Office of Competition and Consumer Protection and in the appeal proceedings in both, cases initiated by our Clients, as well as in the cases where our Clients incur losses or as a result of actions of other market participants. Our services include:
·comprehensive advice in the process of concentration of entrepreneurs, including advice on planned transactions, representing Clients in proceedings before the Polish Office of Competition and Consumer Protection and in judicial appeal proceedings;
·projects and opinions on pricing policies, discount systems and financial support programs in accordance with competition law;
·advisory for entrepreneurs that incurred loss as a result of restricting agreements concluded by other market participants or as a result of the abuse of their dominant position;
·advising on subjects affected by unfair market practices.
One of the differentiating specialisation of YINGKE is the servicing of entities acting on the regulated markets. Among the industries serviced over the past years is the telecoms, postal, energy and railway sector. We provided our clients with such services as:
·Ongoing legal support of the above-mentioned sectors taking into account sector specific legal framework
·Representation of clients in front of regulatory bodies in different types of proceedings including arbitral proceeding and in-court proceedings connected with appealing decisions of regulatory authorities
Partners and co-workers of YINGKE acted and continue to be active on behalf of regulatory bodies and other entities connected to local regulatory authorities as:
·Vice-president of the division of Telecoms Operators of the National Chamber of Electronics and Telecomunications (KIGEiT is one of the leading chambers bringing together most of the telecoms and IT operators)
·Arbitrator at the Arbitration Court at the Office of Electronic Communication
·Advisor to the President of the Office of Rail Transport
Our Lawyers also have extensive experience in other areas of law, inter alia:
·public procurement law;
·bankruptcy and reorganization;
·real estate law;
We are leading legal and tax advisory for major local and international companies. The experience of our Firm and team members include:
·current legal and tax advisory for Polish National Oil and Gas Company (PGNIG);
·on-going tax assistance for SABMiller in Poland;
·on-going legal and tax advisory for major Polish investment funds listed on the Polish stock exchange;
·assistance in a merger of ELCOM PLC and ELPAN PLC and ICP PLC by TKPpublic company;
·representing (leadings Polish alternative telecom operator) in the dispute with Telekomunikacja Polska S.A. contractual penalties for delay in execution of BSA contract, as well as many disputes regarding public procurement;
·on-going legal assistance in merger of ELTEL NETWORKS public company and "TKC" Plant Maintenance of Telecommunication Networks PLC;
·providing legal services for Polish Association of Developer Companies (PZFD), including proceedings run by Polish Antimonopoly and Consumer Protection Office;
·services regarding real-estate and investment transactions, involving sale and lease-back;
·Attendance at the acquisition of the controlling interest of the leading Factory of the building & road machines XCMGEuropa SA by Chinese investor.
·M&A and corporate projects regarding Warsaw Stock Exchange companies accomplished by the law firm and its lawyers:
(i)the negotiation of private investors on the terms of the creation of three equity funds (venture capital) with the state National Capital Fund, two funds with a capitalization of 100 million PLN and one with capitalization PLN 80 million, were created after negotiating the conditions and obtaining the relevant approvals
(ii) legal services of the issue of bounds of Próchnik stock company (WSA quoted) under the conditional share capital for new investors
(iii)service in 2012 on the side of one of the vendor part of transaction of sale of the company Info-TV-FM stock company. (The only company holding a license to distribute programs in Poland, DVB-T)
(iv)legal service of reverse takeover of transaction in 2012, listed on the Stock Exchange in Warsaw SA company IZNS Iława (now: Zakłady Mięsne Henryk Kania stock company - (WSA quoted) by the shareholders of the Zakłady Przetwórstwa Mięsnego Henryk Kania S.A. , including the process of issuing shares and dematerialization, supporting the call for the shares
(v)for the Fund, a stock company (WSA quoted) legal support of the acquisition in 2012 of Recycling Park ltd , implementing the investment in the form of regional municipal solid waste treatment of container glass
(vi)legal support of the sale of the subsidiary company of the medical company Scanmed stock company, a majority stake (50% +1) of Carint Scanmed Sp. Ltd , which specializes in providing services in the field of interventional cardiology
(vii)legal support for the acquisition of a controlling stake in Brewery Gontyniec ltd and its transformation into a public company and consultancy in the process of admission to trading on NewConnect segment of the Warsaw Stock Exchange in Warsaw
(viii)legal support the acquisition of the brewery Gontyniec ltd , from Agricultural Agency of Property (governmental agenda, who manage agricultural property owned by the State Treasury) last state local brewery in Poland - Brewery Czarnków
(ix)National Investment Fund SA (WSA quoted) at the sale of a substantial block of shares of Gino Rossi SA, listed on the Stock Exchange in Warsaw
(x)legal service of the transaction of sale of controlling interest of Kartpol Group ltd by the founders , for Suwary SA
Attorney at law
He graduated from the Faculty of Law and Administration at the Adam Mickiewicz University in Poznań in 2000. He completed his legal training and was awarded the title of legal advisor in 2006.
From 2001–2009 he was associated with the law firm GrynhoffWoznyMalinskiand was made a partner in 2005.
In 2009 he co-founded the law firm BWHS and has since been the managing partner. He works on corporate and capital market transactions.
He gained his experience while providing legal assistance to public companies, investments funds, leasing companies, as well as other financial institutions and real estate companies.
He specializes in capital transactions, acquisitions of companies and enterprises, the organization of joint investments projects, real estate sale and leaseback transactions and other forms of funding, as well as corporate advisory services concerning the functioning of commercial companies and their bodies.
Attorney at law
She graduated from the AdamMickiewiczUniversity in Poznań. For several years she was associated with the law firm Grynhoff Woźny and Partners, first as a lawyer, then as a partner and later as the managing director.
From 2002–2004 she was principal of the law office and a proxy at Elektrim S.A. She then worked at PZU S.A. where she was responsible for corporate governance and cooperation with the shareholders (from 2004–2006).
She was the proxy for the Management Board of RUCH S.A. for the IPO (2006–2007) and then Deputy Director of Strategy and Restructuring. In 2009–2011, she was a board member of Black Lion NFI SA.
She has many years of experience in carrying out capital transactions and M&A, in particular with public companies as well as those related to the restructuring process.
She specializes in capital transactions, acquisitions of companies and enterprises, the organization of joint investment projects, as well as corporate advisory services concerning the functioning of commercial companies and their bodies.
She has been and still is a member of supervisory boards of companies on the regulated market (telecommunication, energy, construction, medical services) including ZE PAK S.A., RAFAKO S.A., ElektrimTelekomunikacja S.A., ScanmedS.A., Qumak S.A., ZASTAL S.A.
Attorney at law
He graduated from the Faculty of Law at theAdamMickiewiczUniversity in Poznań. He completed his judicial and legal counsel traineeship and is entered on the list of lawyers. He is a member of the Association of Competition Law.
He served as an arbitrator for the Arbitration Court of the Professional Volleyball League and the member of the Licensing Committee of the Ekstraklasa Football Clubs Association. He received a recommendation by Chambers and Partners for his work in "dispute resolution" and arbitration.
From 2001–2009 he was associated with the law firm Grynhoff Woźny Malinski. In 2005 he was made partner and was manager of the firm’s procedural department. In 2009 he co-foundedthe law firm BWHS and has since been a managing partner. He manages the procedural law practice and co-manages the branch office in Warsaw.
He gained his professional experience while providing ongoing legal services and services relating to the replacement process for companies in the construction, finance and telecommunications sectors. He specializes in processes and all kinds of litigation and proceedings before administrative bodies, in particular in economic processes, commercial companies, the investment processes in the field of unfair competition and advertising, consumer and telecommunications law.
He has conducted a number of precedential court cases (including related to obtaining compensation for unfair competition and enforcement of the payment of significant claims against companies in the field of telecommunications) before courts and before arbitration tribunals and ad hoc arbitration in Poland and Vienna. He has represented clients in proceedings before the President of the OCCP, the President of UKE, GIODO and the competent judicial appeal authorities. He has advised, among others, on the execution and performance of contracts related to the acquisition and maintenance of bulk customers, on the development of standard contracts, conducting national and comparative advertising campaigns and on M&A transactions.
He graduated from the Faculty of Law at the Adam Mickiewicz University in Poznań and did postgraduate studies in Accounting at the University of Economics in Poznań.
In 1999 he began his career in tax consultancy in the international consulting firm, Arthur Andersen. From 2001–2009 he was associated with PricewaterhouseCoopers, where he led the company's tax department in Poznań and Gdańsk.
He has been a licensed tax consultant since 2003 (registration number 09942).
He has extensive experience in tax consulting projects gained in multinational companies as well as family businesses operating on the Polish market. He has conducted numerous comprehensive tax reviews and optimization projects. He participated in elaborating solutions aimed at optimizing tax returns for income tax, tax on goods and services and other public liabilities such as the use of international tax planning.
He has repeatedly represented clients in successful cases before the tax authorities and administrative courts.
He has conducted numerous training courses on the tax aspects of running a business, and has spoken at conferences on topics dealing with taxation.
He provides tax support to companies in the financial, energy, real estate, retail and distribution sectors, as well as automotive industries. He has participated in several tax "due diligence" studies and worked on tax-effective financing strategies, acquisitions and investment exits.