Poland: Company acquisition

The acquisition of a company in Poland is a process identical to M&A processes carried out elsewhere in the world.
There are generally three types of acquisition of a "company" (understood as a specific business entity) in Poland:

• share deal 
• acquisition of an organised part of an enterprise
• asset deal.

Each of these transaction types has its own particularities, e.g. tax and labour law features. it is difficult to say that any of these models differs from their counterparts in other countries around the world. It is noteworthy that, when acquiring an organised part of an enterprise, the acquirer also acquires the liabilities associated with this business component.
Merger control and FDI (i.e. supervisory procedures carried out by the antitrust authority) do not differ from those in other EU countries.
To summarise, it may be said that Polish M&A are characterised by considerable flexibility and are based on the freedom of contract principle. In particular, it is possible for transaction documents to be governed by a law other than Polish law and for disputes to be taken to arbitration.