You fear detention or pre-trial arrest
In Polish reality, people holding responsible positions in companies, including board members, must reckon with the risk of criminal proceedings being initiated.
Such proceedings can lead to detention and, in extreme cases, to pre-trial arrest, which often lasts at least three months. During this time, the inability to perform your role in person requires preparations made in advance that will protect the interests of the company and the family.
From the expert
„In my practice I see that people running managerial activities, handling large sums or holding public office must reckon with the risk of detention or arrest. It is not only a loss of liberty - it is also a loss of control over assets, which without the right documents cannot be managed from custody."
A list of documents and materials worth preparing
As originals and as digital copies.
- 1 Instructions for family and colleagues on how to act in case of detention, what decisions to make and whom to inform, and what not to do
- 2 Contact details and a contract with a defence lawyer (advocate, legal adviser), to ensure immediate access to legal help
- 3 Powers of attorney for bank accounts enabling funds to be withdrawn to pay any property bail
- 4 Powers of attorney to manage the business in the case of a sole trader, including extending contracts with counterparties
- 5 Powers of attorney to represent you at shareholders’ meetings, to enable strategic decisions if you have shares in companies
- 6 Information about so-called silent partnerships, i.e. where you are not formally a partner
- 7 Powers of attorney to collect correspondence and represent you before authorities, including ZUS and the tax office
- 8 Copies of key contracts related to business activity
- 9 Insurance policies together with a power of attorney to file a claim for compensation
- 10 A list of key business contacts for the people who will act on your behalf
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It’s best to start with a single document from the list above. It will take you a few minutes, and your family will receive exactly what they need, exactly when they need it.