Poland ∙ Stricter Rules to Prevent Takeovers by non-EU and non-OECD Investors

[ ]the transaction must be undertaken by entities (dominant undertakings with the buyer’s capital group) with a registered office or – in case of natural persons – citizenship from outside of the European Union Member State, the European Economic Area (EEA) and the Organisation for Economic Cooperation and Development (OECD) [ ]the transaction in order to fall within the FDI Law has to lead to the acquisition of dominant control or ‘significant participation’ in the protected undertaking [ ]only entities that are crucial for maintaining public safety, order and health are protected by the FDI Law According to the FDI Guidelines, it will apply to situations where, for instance, there is a risk that an undertaking of substantial value for the public interest might be forced to move abroad, close down its plant, move or sell its technologies to a foreign entity or that the undertaking's business operations might be compromised otherwise