Private Clients: legal counsel for business owners, investors and senior executives

Business decisions often have consequences that extend beyond the company. A guarantee signed by an owner, a board appointment, an investment, a dispute between shareholders or an unexpected investigation can affect personal assets, professional standing and family plans. Our Private Clients practice provides legal counsel for business owners in Poland, investors and senior executives who need advice that addresses these matters together.

The practice also serves foreign business owners in Poland, foreign investors in Poland and expatriates living in Poland. We assist clients who own a Polish company or property, hold a management position, invest private capital or need succession arrangements covering assets located in Poland.

The client works with a lead lawyer who understands the wider background of the matter. This provides continuity and allows us to coordinate corporate, civil, criminal, administrative, real estate and reputation-related issues when they overlap. Attorney Tomasz Piotr Chudzinski leads the Private Clients practice with support from the firm’s team.

A company and its owner do not always face the same legal risks. The company may need advice on its contracts or a commercial dispute, while the owner may simultaneously face personal liability, a guarantee, a reputation issue or a succession decision. Legal counsel for business owners in Poland should therefore identify which interests belong to the company and which require separate protection for the individual.

We begin by defining the client’s objective and reviewing the documents that shape the legal position. Depending on the matter, we may then handle one project or coordinate several connected projects. We agree the scope and terms of ongoing Private Clients support individually with each client. We may also price individual projects separately.

1. Business owners: private wealth and personal interests

Owning a company can create personal exposure even where the business operates through a limited liability structure. Owners may sign guarantees, provide security, hold property jointly with family members or become involved in shareholder disputes that affect their private position.

We advise on the legal relationship between business risk and private wealth. Our work may cover:

  • personal guarantees, security documents and bills of exchange;
  • liability connected with shares, corporate rights and management functions;
  • the ownership structure of private assets and real estate;
  • co-ownership and agreements between family members or co-investors;
  • the private consequences of business obligations;
  • shareholder disputes affecting the owner’s personal interests;
  • lawful, forward-looking asset structuring.

Our advice is preventive and compliant. We do not present asset planning as concealing assets or avoiding existing obligations. If a creditor dispute already exists, we assess the client’s legal position, available defences and litigation risk on the basis of the actual documents and timeline.

2. Senior executives and board members: contracts and personal liability

A board appointment, an employment relationship and a management contract are separate legal relationships. Ending one does not automatically end the others. Different documents may also govern remuneration, bonuses, equity programmes, confidentiality and post-termination restrictions.

We assist senior executives and board members with:

  • management and executive contracts;
  • the relationship between a corporate appointment and the underlying agreement;
  • remuneration, bonuses and equity-based incentive arrangements;
  • non-compete and confidentiality clauses;
  • severance and termination provisions;
  • negotiations when joining or leaving an organisation;
  • personal liability towards the company, creditors, shareholders and public authorities;
  • D&O insurance wording and coverage issues;
  • disputes with the company, shareholders or investors.

Before you sign a contract, we can review the complete package rather than a single document in isolation. If a dispute has already arisen, we analyse the resolutions, agreements, policies, correspondence and insurance documents that determine the client’s position.

3. Crisis response and personal liability

White Collar Crime & Investigations

An investigation or suspected internal misconduct may require decisions before the full picture emerges. The first steps should preserve the right to defence, protect legally available evidence and avoid actions that the authorities could view as obstruction.

We provide legal assistance in matters involving:

  • economic and business-related offences;
  • criminal and fiscal liability of owners and board members;
  • searches, interviews, arrests and asset-freezing measures;
  • representation of suspects, defendants and injured parties;
  • fraud, misappropriation and corporate abuse;
  • allegations of acting to the detriment of a company;
  • shareholder or corporate conflicts with a criminal-law component;
  • internal investigations and evidence preservation;
  • the legal response of an owner, board member or company after discovering irregularities.

This part of the Private Clients practice focuses on business crises and personal exposure. It does not replace the firm’s broader criminal-law offering. Where a matter has both corporate and criminal dimensions, we coordinate the response so that an action taken in one track does not unnecessarily prejudice the client in another.

4. Reputation, image and privacy

The reputation of a business owner or senior executive can affect negotiations, relationships with investors and the value of the business itself. A response to a publication therefore requires more than a standard demand for removal.

We advise on:

  • infringement of personal rights and professional reputation;
  • privacy and unauthorised disclosure of private information;
  • unlawful press or online publications;
  • image rights and social-media content;
  • corrections under Polish press law;
  • anonymous posts, reviews and accusations;
  • requests to remove unlawful material;
  • the responsibility of publishers and online platforms;
  • interim measures and preservation of evidence;
  • the reputation consequences of business disputes.

We select the legal route after examining the source, wording, reach, evidence and desired outcome. A press correction, a personal-rights claim, an interim injunction and a platform notice serve different purposes and may have different deadlines.

5. Succession planning and Polish family foundations

Succession planning is not limited to choosing an heir. A workable plan should address future control over the business, the position of family members, continuity of decision-making and the treatment of shares and other assets.

Our legal support may include:

  • assessing whether a Polish family foundation is suitable for the client’s objectives;
  • designing the legal structure and governance framework;
  • drafting the statute and rules concerning beneficiaries and benefits;
  • establishing and registering a family foundation;
  • contributing assets and coordinating corporate documentation;
  • ongoing legal support and amendments to the statute;
  • disputes involving the founder, governing bodies or beneficiaries;
  • succession of shares and corporate rights;
  • wills, inheritance planning and forced-heirship issues;
  • legal arrangements intended to preserve continuity of a family business.

A Polish family foundation is one possible tool. It should not dominate the analysis where a will, corporate agreement, insurance, family arrangement or another structure better addresses the client’s needs. We also examine existing liabilities and creditor-protection rules. A new structure does not simply erase obligations that already exist.

If the project involves assets or family members in another jurisdiction, we define the Polish-law work and, where necessary, coordinate with counsel qualified in the relevant jurisdiction. We do not claim to advise on foreign law without the appropriate professional involvement.

6. Private investments, real estate and asset disputes

Private investments can involve the same legal complexity as corporate transactions. Before committing capital, an investor should understand the proposed acquisition and the rights that provide control. The investor should also understand how additional funding will work and how to handle an exit or dispute.

We advise on the legal aspects of:

  • due diligence of companies, investments and real estate;
  • acquisitions of shares or other corporate rights;
  • private loans and security packages;
  • joint investments and co-investor agreements;
  • investment agreements and corporate documents;
  • real estate acquisitions in Poland;
  • permits required for the acquisition of real estate by foreigners;
  • co-ownership, exit mechanisms and investor conflicts;
  • recovery of claims connected with an investment.

Our role is legal. The firm does not provide regulated investment advice or recommend financial instruments on the basis of their expected return. If a project requires regulated investment advice, valuation, tax advice or another specialist service, we agree the scope of cooperation with an appropriately licensed professional for that project.

Private Clients support for foreigners in Poland

Foreign clients may need advice that connects their personal position with a Polish company, property or management role. Typical projects include establishing or owning a Polish company, acquiring shares, purchasing real estate, signing a management agreement, dealing with a local dispute or preparing succession arrangements for assets located in Poland.

We identify the law governing the relevant agreement, the competent court or authority, documentary requirements and the role of foreign documents. Depending on the case, an apostille, legalisation or certified translation may be required. Where foreign law also applies, we agree how a lawyer from the relevant jurisdiction should participate.

Our English service aims to give the client a clear point of contact in Poland and a coherent view of the Polish-law aspects of the project.

How the cooperation starts

The client describes the matter through the contact form and identifies the decision, risk or deadline that requires attention. We then agree the scope of a paid consultation and, if required, which documents we need to review in advance.

First, we separate urgent issues from matters that we can address in a planned sequence. We also identify conflicts between the client’s personal position, the company’s interests and the position of other family members or investors.

3. Action plan

The next step may be a single project, such as a contract negotiation, legal due diligence, litigation strategy or succession document. If several workstreams overlap, we set their order and dependencies.

4. Ongoing Private Clients support

If the client needs continuing assistance, we agree an individual scope of service. The purpose is to preserve continuity of information, maintain one lead-lawyer relationship and coordinate later projects without repeatedly rebuilding the full context.

Frequently asked questions

Is Private Clients a general service for every individual matter?

No. The practice mainly serves business owners, investors, shareholders, board members and senior executives. It may also support their families where the matter concerns wealth, ownership or succession.

Can the firm advise both my company and me personally?

Sometimes, but only after we assess the relevant interests and potential conflicts. The company and its owner are separate clients with potentially different objectives. Where required, we must define the scope of each engagement separately.

Does the firm offer investment advice?

We provide legal advice on transactions, contracts, ownership, security, real estate and disputes. We do not provide regulated investment advice. If you need such advice, we can coordinate the participation of an appropriately licensed specialist for the particular project.

Can you assist a foreign investor purchasing real estate in Poland?

Yes. We can review the legal status of the property, transaction documents and the buyer’s corporate or personal position. We can also assess whether a permit for the acquisition of real estate by a foreigner is required and handle the relevant Polish proceedings.

Can you coordinate a matter involving foreign law?

We advise on Polish law. If the project also requires advice from another jurisdiction, we agree how counsel qualified in that jurisdiction will participate, according to the needs of the matter.

How are Private Clients services priced?

The first stage is a paid consultation and, where required, a document review. We agree the scope and terms of an ongoing engagement individually with each client. We may also price separate projects individually.

Tomasz Piotr Chudzinski & Partners Law Firm provides paid consultations, document reviews and ongoing legal counsel for business owners in Poland, foreign investors, board members and senior executives. We can also assist with a defined project, including negotiations, private wealth and liability, crisis response, litigation, reputation, a private investment, real estate or succession planning.

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