Legal awareness for entrepreneurs

The painAn entrepreneur wants to start a business but does not always understand which legal form, tax regime, OKED (economic activity code) and legal structure to choose without putting the launch at risk.

• SME legal forms and their differences (tax regimes), the difference between tax regimes covered in course 5, OKED codes, licensed types of activity
• Renting premises to register a legal address
• Charter capital budget
• Decisions and minutes: how to determine when they must be drawn up; in which cases those requiring registration with the justice authorities, founders' digital signatures (EDS) and a company seal are prepared.
• Specifics of setting up a legal entity by non-residents
• Specifics of appointing a director, including a non-resident, and the director's digital signature (EDS)
• Accounting and tax policies
• Bookkeeping, the initial statistical registration form

The resultThe participant understands how to safely launch a legal entity, which decisions to make at the start and which documents to prepare so as not to create risks from day one.

The painFounders often agree verbally without recording rights, shares, obligations, exit procedures, dividends and liability, which later leads to conflicts.

• Charter: structure, specifics of drafting the charter of a legal entity with one and with several participants, dividends.
• Foundation agreement: structure, how it reflects interaction between participants, 51% stakes, exits, sales, gifts, inheritance, etc.
• Pros and cons when founders also work in the same company, the topic of dividends in accounting and taxes.
• Charter capital: ways of contributing it (money, property, usage rights, etc.), decrease, increase.

The resultThe participant understands how founding documents protect owners, govern relations between participants and affect management, taxes and dividends.

The painThe company operates, but changes in its activities, membership, management or status are often not formalised on time and in a legally correct manner.

• Cases requiring re-registration
• Cases requiring notification
• Indicators of an operating company: when the director may not take unpaid leave or ordinary leave if there is no replacement
• Reorganisation
• Types of company closure: liquidation and bankruptcy

The resultThe participant understands which changes require re-registration or notification, how to keep the company legally up to date and when reorganisation or closure is needed.

The painTransactions, powers of attorney and contracts are often executed as a mere formality, without checking authority, mandatory terms, signs of a sham deal and the consequences for the business.

• Powers of attorney, representation - authority
• Contracts: types of contracts, terms, which clauses are mandatory in a contract, signs of sham transactions (deemed pseudo-enterprises) and their consequences
• Financial aid agreements
• Loan agreements
• Civil-law service contracts (GPH)

The resultThe participant sees the key legal risks in transactions and understands how to verify authority and contracts before signing in order to reduce the likelihood of disputes and losses.

The painAn entrepreneur is responsible not only for sales but also for compliance with regulations (NPA), insurance, intellectual property, dealing with non-residents and reporting.

• Non-residents
• Regulations governing business activity: the Civil Code, the Entrepreneurial Code
• Intellectual property, trademarks, franchising
• The importance of mandatory insurance of employees and of business activity (a law firm as an example), harm to third parties
• Administrative offences and Atameken (the National Chamber of Entrepreneurs)
• Universal (mandatory) income and asset declaration

The resultThe participant understands the overall legal framework of entrepreneurship and the main areas of liability, and gains a legal foundation for running the business more safely.