Monitor Prawniczy

no. 22/2013

Succession under administrative law in the investment process – selected practical issue

Jan Wszołek
Adwokat, kancelaria WKB Wierciński, Kwieciński, Baehr w Warszawie.
Abstract

The article discusses transfer of rights conferred by administrative decisions in the investment process. Th e author makes an att empt to systematize those issues by referring in turn to ad rem administrative decisions, acquisitions of an undertaking, and transformations of commercial companies. Th e author argues that acquisition of an undertaking does have the eff ect of transfer of administrative decisions to the acquirer, and that the regulations relating to transfer of administrative decisions included in specifi c legal acts must not be regarded as special provisions excluding succession in case of mergers and divisions of companies. In the second part, the author reviews the existing procedures for transfer of rights bestowed by administrative decisions related to the investment process to new addressees, focusing on practical issues. In conclusion the author emphasizes certain practical aspects of contracts, which refer to the issue of transfer of rights bestowed by administrative decisions.