A conference organized by CRIF sp. z o.o. was held on 09/09/2021 in Warsaw at the Marriott Conference Center. Risk & Supervision Meeting 2021. The aim of the conference is cross-sectoral exchange of experience and finding commonalities in the fraud sphere. The point of the event is to discuss common business areas and strengthen cooperation between the two sectors (leasing + factoring), which operate for a similar customer segment (b2b). Due to the subject matter of the Blog, I am limiting my coverage of the event to the legal aspects of factoring (partly also leasing), although there were indeed quite a few of these aspects throughout the conference.
The legal panel began with an introductory presentation by Blog author Bartosz Nadra, an attorney, outlining regulatory changes for the factoring and leasing industry in 2021:
| LP | Legislative stage | Legislative change |
| 1 | 1.01.2021 - entry into force | b2sb - Entrepreneurs who are individuals partially implemented in the consumer regime. We wrote about the amendment here. |
| 2 | 1.01.2021 - entry into force | Limited partnerships and (some) general partnerships subject to CIT from 2021. |
| 3 | 1.03.2021 - entry into force | Dematerialization of SA and SKA shares; |
| 4 | 28.04.2021 - coming into force | Law implementing the CRD V Directive and the CRR II Regulation [banking law]. |
| 5 | Resignation from the procedure of the bill | The Financial Ombudsman is more likely to stay with us - Abandoning work on the draft amendment. |
| 6 | 1.07.2021 - coming into force | Applications to the KRS are submitted electronically; |
| 7 | 1.07.2021 - coming into force | Prosta Joint Stock Company; |
| 8 | 1.07.2021 | National Register of Debtors - another postponement of implementation, as we wrote about here. |
| 9 | approx.22.09.2021 | Amendments to the CCP, among others -. 'Consumer' bills of exchange - Restrictions on issuance and income. claims on bills of exchange issued / guaranteed by the consumer; |
| 10 | 1.10.2021 - coming into force | SLIM VAT 2 - more than a dozen changes to make VAT settlement easier. (deductions, allowances, MPP) + e-invoice pilot project. |
| 11 | 31.10.2021 - entry into force | AML amendment (among other things, the need to report discrepancies about the person of the beneficial owner against CRBR data). We will write more about this.
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| 12 | Consultation of the tax project | "New Deal" tax project, consultations.
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| 13 | Consultation of the draft law | Restriction of the prohibition of assignment - consultation of the law on congestion (deadlines for payment in commercial transactions). We will write more about this. |
In the legal panel, we touched on some of the aforementioned issues, due to time constraints:
- B2b bills of exchange guaranteed as 'consumer' bills of exchange (outline of the changes - introduction; whether suretyship will continue to be used; distinction of the situation of different sureties; expected effects of the changes; alternative to bill of exchange suretyship);
- b2sb - sole traders partially implemented in the consumer regime (experience of the change implementation process; has the industry learned to live with 2-3 versions of contract templates and legal regimes (b2b vs. b2sb vs. b2c); perspective of the leasing industry; are we emerging with room for abuse);
- AML - changes as of 31/10/2021. (introduction regarding the amendments; reporting discrepancies on the person of the beneficial owner to the CRBR; what are the possibilities of verifying the client for having a PEP statute; Regulation of the Minister of Finance, Funds and Regional Policy dated 27.07.2021 on the list of national public positions and functions that are PEPs).
- "New Deal" (extending from 6 months to 6 years, the period under which a company can exclude from income the sale of a fixed asset bought out of a lease; ZBP's position);
- Restriction on the prohibition of assignment (Amendment to the Law on Congestion) - introduction, scope of application, status of work.
The legal panel discussed:
- Jacek Rakowski, ZPL Legal Director, Head of Legal Department, mLeasing Sp. z o.o.
- Katarzyna Barys, legal counsel, Credit Agricole Group, European Leasing Fund S.A. and Eurofactor Polska S.A.
- Ewa Guzowska, Partner at KGK Kancelaria Radcowska E.Guzowska i Ska, Sp.k.
- Moderator: Bartosz Nadra, Lawyer, specialist in anti-fraud solutions, Managing Partner of Jaskowiak Nadra Advocates, author of the Blog
Topics for which there was not enough time:
- Prosta Joint Stock Company;
- E-invoice;
It is worth mentioning that legal and peri-legal threads appeared in virtually every panel / module:
- Dedicated team, anti-fraud tools, or cross-industry sharing of fraud data? How we can effectively stop cybercrime;
- Identity theft - a case study;
- The picture of the leasing and factoring sector after COVID-19: What's next year?
- The impact of digitization on fraud risks. Shadows and glows of digitization.
See you next year!
