ARTICLE
9 January 2009

Abolition Of The Currency Principle

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CMS Cameron McKenna Nabarro Olswang

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The President has signed a new law abolishing the principle that monetary obligations in Poland must be carried out in Polish zlotys.
Poland Finance and Banking
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The President has signed a new law abolishing the principle that monetary obligations in Poland must be carried out in Polish zlotys.

The legislation will come into force 30 days after the date of its publication.

The changes will:

  • enable Polish entities to specify amounts to be paid and effect payment in a foreign currency
  • entitle the debtor to make payments in Polish zlotys even if the amount of the receivables is expressed in foreign currency, unless otherwise required (by contractual stipulation, statutory regulation or binding court decision) to make payment in that foreign currency
  • require the value of foreign currency (in the absence of any contractual or other binding obligation to the contrary) to be calculated at the average foreign exchange rate announced by the National Bank of Poland prevailing on the date payment becomes due and payable
  • enable a party to demand, where the other party has defaulted on a payment, that payment be made in Polish zlotys at the average foreign exchange rate announced by the National Bank of Poland prevailing on the scheduled due date

It will also no longer be necessary to obtain a foreign exchange permit for specifying and effecting payments in the foreign currency.

Law: amendment to the Polish Civil Code and the Foreign Exchange Act

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 17/12/2008.

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