Can a pizzeria pole-employee use factoring for catering services against a pharmaceutical company? Why should a toy company have regular catering financed by factoring? These were the questions raised in two interesting lawsuits conducted before Warsaw courts by JNS LEGAL. In the case we represented the aggrieved factoring company in parallel:
- In a case for payment against a member of the board of directors for the liabilities of a factor;
- in a criminal case of fraud against a board member and a hidden perpetrator (he did not formally hold any position in the company).
Both cases conducted in Warsaw were successful - both before the District, District and Appellate Courts.
[payment case] The defendant for the company's liabilities, the member of the board of directors defended himself with, among other things, an agreement on the sale of shares and a resolution on dismissal from the board of directors (never effectively filed with the National Court Register). In the case, the Court agreed that the circumstances of the case, including the manner in which the documents were prepared, used and disclosed, testify to their sham nature, the real purpose of which was to attempt to avoid responsibility for the company's liabilities. The judgment of the Court of Appeals is final.
[ criminal case] The criminal case ended with a fairly quick conviction. The court accepted, following the prosecution, the fictitious nature of the invoices issued for catering services that never took place, and of which the main recipient in the form of a pharmaceutical company was not even aware of the alleged provision. Because the case for payment of the company's obligations was terminated, the court obliged the convict during the probationary period (the execution of the prison sentence was suspended) to repair the damage in the form of execution of the sentence and to inform the court and the probation officer about the repair of the damage.
