Venture Capital transactions in Poland and liquidation preference

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In investments made by Venture Capital funds in Poland, it is common practice to introduce the so-called liquidation preference for the VC fund.

In case of a liquidity event (e.g., sale of shares or liquidation of the company), the VC fund first receives funds to recover its investment.

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Damages are not subject to VAT in Poland

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Damages (odszkodowanie) for improper performance of contracts should be treated in Poland as an activity not subject to VAT.

On the other hand, for a performance to be considered a VAT-taxable service, there must be a direct relationship between the performance and the payment and exchange of mutual benefits.

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Enforcement of judgments and court settlements from EU countries in Poland

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Judgments and court settlements from European Union countries can be relatively easily enforced in Poland under the provisions of the so-called Brussels I Recast Regulations (1215/2012).

A Polish bailiff will enforce a judgment or court settlement on the basis of a standard certificate issued by the court of the country where the judgment was issued (or the settlement approved).

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