IDEffective Insolvency and Creditor Rights Systems
Prior to becoming a member of the European Union (EU) in 2004, Poland enacted a new Law on Insolvency and Restructuring in 2003 to replace the previous Bankruptcy Law of 1934. The new law was intended to bring Poland's regime into closer alignment with EU regulations. The 2003-2004 Insolvency Law Assessment Project commissioned by the European Bank for Reconstruction and Development's (EBRD) assigns Poland's insolvency legislation an overall "medium" score on compliance with international standards established by international organizations, including the World Bank. The EBRD's 2006 publication "Commercial Law of Poland" affirms the conclusions of the Insolvency Law Assessment Project regarding the level of compliance of Poland's insolvency regime with the international standards but expresses concern whether any of the positive attributes of the insolvency regime can be implemented. The report cites the conclusions of the 2004 EBRD Legal Indicator Survey which examined the "effectiveness" of the insolvency regimes. The results of the Survey revealed that with regard to the practical application of the insolvency law, both creditor and debtor initiated insolvencies can be problematic. The 2006 EBRD report states that Poland is in need of improved professional training for insolvency professionals and recommends a reform of the legal sector to promote the rescue of fundamentally healthy companies. In 2009, the U.S. Department of Commerce reported that Poland continued to move forward with insolvency reforms, and an International Finance Corporation news release in that year asserted that Poland was among the Eastern European and Central Asian countries that were leading the world in insolvency and credit reforms. According to the release, Poland amended its bankruptcy law in 2009 to permit the option of reorganization prior to bankruptcy.
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NCInternational Financial Reporting Standards
In line with the European Commission Regulation No. 1606/2002, listed companies in Poland are required to use International Financial Reporting Standards (IFRSs) as adopted by the European Union (EU) in their consolidated accounts beginning January 2005. All banks in Poland are also required to apply IFRSs in their consolidated financial statements, according to a 2008 European Commission report. Apart from the mandatory application of IFRSs, Poland permits IFRSs in the annual accounts of listed companies as well as in the consolidated and annual accounts of all other companies that have either filed for admission to public trading or are a subsidiary of a parent which prepares its consolidated accounts in accordance with IFRSs. Companies that choose not to apply international standards prepare financial statements in accordance with the Polish requirements primarily contained in the Accounting Act, which incorporates provisions set out in the Fourth and Seventh EU Company Law Directives. The 2005 World Bank assessment commends the Polish authorities for the progress achieved in reforming financial reporting requirements. However, significant differences remain between the Polish requirements and IFRSs, as pointed out by a number of publications on the subject. As per a 2009 PricewaterhouseCoopers report on IFRS adoption by country, the Polish standard setting body has not announced any convergence plans.
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ENPrinciples of Corporate Governance
In its 2003 Corporate Governance Sector Assessment Project, the European Bank for Reconstruction and Development (EBRD) observed that corporate governance legislation in Poland was in "high compliance" with the Organization for Economic Cooperation and Development (OECD) Principles of Corporate Governance. A World Bank assessment conducted in 2005 confirmed that the Polish corporate governance framework complied with many of the OECD Principles and observed that Poland had adopted new legislation, implemented a corporate governance code, and strengthened its regulatory and enforcement regime. Nonetheless, the World Bank assessment identified deficiencies in regulation of pension funds, weaknesses of supervisory boards, problems in delisting procedures, and inadequate approvals of related-party transactions. A 2006 EBRD assessment further stated that minority shareholder disclosure procedures were found to be "complex" and enforceability was problematic. Some of these issues have since been addressed. According to a 2007 EBRD report, under the Warsaw Stock Exchange (WSE) Council resolution of July 2007, the updated corporate governance code became a mandatory part of the WSE rules. Listed companies are required to disclose compliance with the Code on a "comply-or-explain" basis. Poland has also adopted the International Financial Reporting Standards for application in consolidated financial statements of listed companies.
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IDInternational Standards on Auditing
According to a 2009 International Federation of Accountants (IFAC) publication, auditors in Poland are required to use Polish auditing standards developed by the National Chamber of Statutory Auditors (KIBR); in matters not covered by the national standards, International Standards on Auditing (ISAs) as issued by the International Auditing and Assurance Standards Board (IAASB) are followed. Per this IFAC report, ISAs have been translated into Polish since 1996 and the latest version of ISAs issued as a result of the Clarity Project has also been translated. The IFAC report, as well as a 2006 KIBR self-assessment, observe that Polish auditing standards are primarily based on the ISAs. However, in its 2005 assessment the World Bank finds national auditing requirements to be an "abbreviated" and "incomplete" version of international standards and recommends the wholesale adoption of ISAs in Poland. Polish auditing practices, however, are likely to change with the implementation of the European Commission (EC) Directive 2006/43/EC, which is expected to require application of ISAs by all member states. Per a 2009 EC publication, Poland has fully transposed the above-mentioned Directive into its national legislation. In its Action Plan prepared in 2008 as part of the IFAC International Member Body Compliance Program, the KIBR states that it will develop an action plan to support the adoption and implementation of ISAs in Poland and reiterated its commitment to convergence with the IAASB pronouncements.
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IDAnti-Money Laundering/Combating Terrorist Financing Standard
The Committee of Experts on the Evaluation of Anti-Money Laundering Measures (MONEYVAL) conducted a mutual evaluation of Poland's anti-money laundering and combating the financing of terrorism (AML/CFT) regime in 2006 and released its findings in a 2007 report. In this report, the evaluators concluded that Poland is fully or largely compliant with only 18 of the 40+9 Financial Action Task Force (FATF) recommendations (R) and special recommendations and is non-compliant with 11. The same report observed that although Poland has made significant improvements in its AML regime since its last mutual evaluation in 2002, its overall AML/CFT framework is lacking when assessed against the FATF's requirements. Poland was assessed to be either partially or non-compliant with all of the FATF's core recommendations with the exception of R1, for which it was rated as largely compliant. In 2008, the MONEYVAL released a progress report on the measures taken by the Polish authorities based on the recommendations of the 2007 mutual evaluation. The progress report takes note of specific developments in the areas of investigations and suspicious transaction reporting (STR). It also highlights that a number of recommendations will be fulfilled when the Polish parliament adopts the draft legislation amending the current AML Act. However, the progress report does not assign updated compliance levels to any of the FATF's 40+9 recommendations. Therefore, there remains no updated publicly available information addressing Poland’s compliance with the FATF requirements. The FATF, in its 2008-2009 Annual Report, names Poland as one of the jurisdictions that have endorsed the FATF's 40+9 recommendations.
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FCCore Principles for Systemically Important Payment Systems
Until recently, Poland's systemically important payment systems consisted of the large value interbank payment system, SORBNET, and the retail payment system, ELIXIR. SORBNET was Poland's component of the Trans-European Automated Real-time Gross Settlement Express Transfer (TARGET) system, the pan-European payment system. However, in November 2007, TARGET2 replaced TARGET and payment services were harmonized under a single shared platform across its member countries. Poland joined TARGET2 with the final wave of countries in May 2008. Furthermore, with the introduction of a settlement guarantee by Poland’s clearing house in 2004, ELIXIR was no longer systemically important. Thus, TARGET2 is now Poland’s sole systemically important payment system. According to a 2009 European Central Bank assessment of TARGET2 against the Core Principles for Systemically Important Payment Systems (CPSIPS) promulgated by the Committee on Payment and Settlement Systems, TARGET2 observes all CPSIPS. Information from various sources also indicates that Poland's central bank, the National Bank of Poland clearly identifies its responsibilities in the supervision of payment systems in the country.
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