Introduction

1. The original text of the Regulation does not mention the types of companies under Polish law which qualify to form an SE. However, Council Regulation (EC) No. 885/2004 of 26 April 2004 subsequently amended the Regulation so that a spółka akcyjna (SA) or joint stock company is now mentioned in Annex I. Similarly, the SA and the spółka z ograniczonąodpowiedzialnością, (or limited-liability company, sp. z o.o.) were added to Annex II of the Regulation.

Appropriate amendments to Polish law designed to accommodate Community rules of company law were introduced by the European Economic Interest Grouping and European Company Act of 4 March 2005 (the ‘SE Act’). The president of Poland signed the SE Act into law on 24 March 2005, and it was published in the Polish Official Journal on 18 April 2005 and entered into force on 19 May 2005. Since no regulatory powers have been delegated to ministers or to the Council of Ministers, no further implementing decrees regarding the SE Act are expected.

The SE Act implements both the Regulation and the Directive, i.e. it contains not only rules of company law but also a framework for employee involvement. No further collective bargaining agreements are necessary to apply the provisions of the Directive, although general rules on industrial relations may be required, for instance, once an SE has been established.

A number of statutory provisions were also amended to facilitate the A number of statutory provisions were also amended to facilitate the operation of SEs in Poland, including legislation on the National Court Register, stock exchange regulations and the European Works Council Act.