After the death of conducting a sole proprietorship terminate contracts with partners and further its conduct by the heirs is impossible. Change is a new law, but according to experts can not solve the problem. This is serious, because the entrepreneurs who try to raise your business more than 25 years ago, just reach the age where more and more difficult for them to manage their own business. Meanwhile, small and medium-sized enterprises is 90 per cent. all operators in our country. They generate 40 percent. GDP and employing half of working Poles.
Although the force of law in our country can inherit the fortune of the company, but it is not possible to inherit the name, tax identification numbers, or administrative decisions. The death of a person entered in the register of business also means immediate termination of employment contracts of the crew, termination of commercial contracts. Loans incurred for the company are placed in foreclosure.
In practice, it is completely impossible to continue the business of potential heirs who would like to continue to lead the company. The problem may soon have very serious consequences for the entire economy.
Currently, more than 97 thousand. Entrepreneurs in Poland exceeded 65 years. Before the year was 80 thousand. It is thus clear that the problem is growing rapidly. How many businesses fail because of problems with succession? There is no data on our country, but according to the report prof. John Klimek School of Economics – in Europe each year as many as 450 thousand. business faces the challenge of generational change. 150 thousand. of them falls down, which means the elimination of 600 thousand. jobs. So we can assume that in our country the problem affects thousands of businesses.
This is a serious problem for the economy as a whole
As estimates of the Institute of Family Business, a company can generate up to 40 percent. GDP and employment responsible for nearly half of all employed Poles. Fortunately, politicians also noted this problem and the Ministry of Development has been working for several months on legislative changes to the rules of succession in companies could change. They would allow for a smooth takeover of no loss of licenses, concessions or licenses.
This is to enable proxy downward, which for a time using the same data as the NIP, code, company name, will be able to operate on. – This is a step in the good direction. Even if the proxy is a stranger, then make that companies will not die along with the owners – says dr. Adrianna Lewandowska, president of the Institute for Family Business.
Development Ministry plans that companies will be able to enter into CEIDG its representative, who will manage the company after their death, pending completion of the succession. Proxy may be a wife, son, daughter, brother or someone outside the circle of family and loved ones. Only after the completion of the process, the new owner would be obliged to re-register the company at each other. And here comes the first problem.
Good idea, but …
– It’s a good idea and the initiative itself is commendable, but it still does not solve the problem to end. There is a risk that after the succession will continue to be followed all the negative effects associated with the death of the trader, with whom we have to do at the moment. The company will continue with the old licenses, contracts and loans, but only during this transitional period – says Maciej Pilarek, a partner at the law firm Sadkowski & Partners.
Design consistent assessment experts and lawyers is needed, but very important will details of the new regulation. – It is important to proxy have the knowledge and relevant expertise to carry out this particular company. Not without significance is also the definition of its powers and the scope of issues that will have to settle, until the end of the succession. It will be necessary also to establish rules under which communication will be with the heirs – lists Adrianna Lewandowska.
How do expert, the powers of such a proxy, which after all will have to make at this time many important decisions will have to be in some way restricted. It seems necessary to strike a balance between the ability to take actions that will allow the company to survive, and too much power over the company, which becomes the property of the heirs.
Similar concerns have also Maciej Pilarek, which draws attention to the fact that still we do not have any knowledge of the planned rights proxy, the who and how will be able to recall, how much will be appointed, what will happen when he dies, or is held accountable for how to manage the company. In his opinion, the legislator may leave it at a high level of generality, which will cause serious consequences.
No comments:
Post a Comment