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by lifehack

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Time for a Polish Ministry of Consumer and Small Business Affairs

The recent Polish Presidential elections have shown that electors are tired of the same old arguments between PO and PiS (the two main parties) but are not at all sure what they do want. Well let me help electors:

The real albeit not articulated concern of ordinary people be they rich or poor (i.e those who do not believe in conspiracy theories or that the only moral issues are in vitro and gender)  is the issue of citizen rights as consumers and as small entrepreneurs.

I am sure that I cannot be the only citizen who is sick and tired of being taken for a ride by T Mobile trying to sell me services I do not want or need, PGNiG and RWE trying to tie me into long term contracts with the offer of cheaper energy only in the first year, LOT having a reservation system which requires me to enter my mobile phone number in two different formats and an on line check in system which does not allow check in on a code share flight operated by Lufthansa or TAP, a totally user unfriendly social security authority requiring me to prove that I am not a camel, having to queue five (yes five) times to apply for a disabled parking permit, being unable to apply for a passport or ID card by post or internet and having to supply “civil” servants with information which the state already has.

A recent press article shows how easy it is for large corporations to collect moneys not due from consumers and small businesses using the e-sąd system where the virtual judge does not even ask the putative debtor to put their side of the argument before issuing a payment order which allows the baillifs to run riot. And woe betide if you have moved house and TPSA has ignored your contract cancellation and continues to issue invoices sent to your old address and the court sends the payment order also to that and not your current address completely ignoring that you are now “zameldowany” somewhere else. As recent scandals have shown the state is powerless against baillifs who sell assets not belonging to the debtor and against officials in the Prosecutors office who allow the photgraphing of documents.

The government has just now published guidelines for how the various central and local government departments should communicate using the rather derogatory benchmark of language understandable by a mentally deficient grandmother. Well what about the language of contracts. What about the principle of equal treatment of the parties and defense of those who do not have access to full information? What about small print in contracts. By the by I now sign contracts and add the words I have NOT read the terms and conditions. When was the last time you tried to return faulty goods to any retailer and in particular the large multi nationals? Why do you as a consumer have to check sell by dates just because the fines for selling out of date goods are so laughably small as to be irrelevant?

Why as a small producer do you still have to wait for months for the likes of Tesco and Auchan to pay for goods they have long ago sold? Why if electors say that they are against so called “rubbish” employment contracts do they continue to buy Chinese products which clearly are produced by in effect slave labour? Why are banks able to increase charges by stealth?

And lastly why is the new Minister of Health a doctor who represents the supply side of health care rather than someone who would represent the consumer?

So come on Prime Minister Kopacz. Time to take the political debate away from substitute issues and concentrate on issues which would make life far simpler for consumers and small businesses who actually create employment. Time to do away with Social Security (ZUS) as a seperate tax system and move to a single system of taxation which would not create artificial anomalies. And time to create a Ministry for Consumer Affairs able and willing to create a truly level playing field.

There is a world of difference between a free competetive economy and one in which the freedom applies to only large state owned enterprises and oligarchies. The State is there to create a level playing field and protect the weaker. And the weaker is clearly the consumer i.e you and I.

Substance over form

There are many areas where the British approach to both the law and to accounting regulations in particular has no real equivalent on the Continent (defined some time ago by the famous headline in the Sun newspaper “Fog in the Channel – Continent cut off).

One such area is the accounting concept of substance over form. This basically says that accounting treatment should follow the economic/ commercial reality of an event or transaction irrespective of what formal name it is given. For a very short period of time (beginning of the nineties) Polish accounting legislation contained substance over form “istota nad treścią” as an overriding accounting priciple. This in effect allowed common sense to prevail in situations where the Polish law had inadequate or indeed misleading definitions. One such area was indeed leasing.

However the lawyers very quickly enforced the removal of this principle arguing that Poland followed the Continental Code Napoleon which requires everything to be defined and in particular that the law should not allow the concept of substance to overrule the strict interpretation of the law.

This would be fine if the legislator was able to foresee all possible forms of transaction and in particular new forms of economic activity such as internet based trading etc. Given that the legislators are totally incapable of writing even simple legislation in a clear manner the result has been predictable.

The subject came up in a recent “round table” discussion where logic dictated that the accounting treatment could not follow the strict wording of contracts as the substance of the trade was actually materially different to that implied by the Polish translation of UK based contracts. Which leads to the nonsense of a completely different basis for preparation of local statutory accounts and that used for head office reporting.

Of course the Polish company could apply IFRS treatment but only if this was in respect of an issue not covered by the Polish accounting legislation.

Why o why has Poland not adopted IFRS for ALL companies and not just quoted entities and their subsidiaries. But then again what would the learned professors of bean counting do if no longer gainfully employed in writing local Polish accounting standards in the full knowledge that sooner rather than later the EU will get around to enforcing IFRS for all reporting requirements.

What will the New Year bring?

With crude oil prices at record lows, the Polish currency regaining streinght and with reasonable growth forecasts will 2015 be a good year for the Polish economy?

The Russian economy in meltdown and the Ukraine facing an uncertain future it would appear that the eyes of Western investors are once more turning to Poland as the country enters the last phase of significant EU contributions to the economy. The new financing round is more specifically targeted and should generate significant growth opportunities for business. On the horizon there are two elections, first presidential in the spring which the current incumbent should win easily and then in the autumn parliamentary elections where although PiS is likely to gain most votes the PO and PSL coalition should gain a working majority. Clearly there is a need for a credible opposition with the capacity to govern rather than being an eternal gadfly on the back of the nation. Will such an opposition emerge is however a moot point as the last several attempts resulted in a once only electoral breakthrough above 5% and were followed by the total collapse of support. But with little alternative available alternatives on the economic policy front and at best irrelevant populist posturing there is actually probably no space for an effective opposition. Such is the modern world linked and voter apathy best described by the French word ennui.

2015

In the words of a former US President “the economy stupid…”.

The real key issue will be how soon European banks in general and Polish banks in particular start once again financing business investment. Or just maybe the old behemoths need to be encouraged to fail and a return to an old style seperation of retail and investment banking reintroduced. And when will banks learn that property values are not predestined to be on a continious upward turn. Maybe adding property inflation indicators to central bank measures of inflation might reintroduce some stability?

The truth is that Polish banks, having in the main part avoided the previous property bubble, are better placed to start financing real growth which is all to do with current and future consumption and not asset financing. As with all assets if no one can afford inflated property related costs and share values unrelated to future performance then we have the perfect recipe for the next crash.

Make business and grow (in Poland). From the accounting point of view

In Poland the accounting principles and audit requirements are set out in the Law on Accounting.

The above regulations do not differ considerably from International Financial Reporting Standards (IFRS) and in the situations not regulated by the Law these standards can be applied. Moreover, entities as well as subsidiaries of entities quoted on a recognised EU stock exchange can prepare their financial statements in accordance with IFRS.

Statutory financial statements consist of: a balance sheet, profit and loss account, additional information, comprising of an introduction to the financial statements and additional information and explanations. Entities subject to obligatory audit are also required to prepare a statement of changes in equity (own funds) and cash flow statements.

The financial statements for the year must be accompanied by a management report on activity.

The accounting records, the financial statements and the management report must be prepared in Polish and in the Polish currency.

The financial statements should be prepared within 3 months from the balance sheet date and signed by all the members of the Management Board and the person in charge of maintaining the accounting records. The financial statements must be approved by an authorised body (usually the Annual General Meeting of Shareholders) not later than 6 months from the balance sheet date.

Within 15 days from the approval of the annual financial statements, the Management Board is obliged to present the documents for court registration purposes, together with an auditor’s opinion (if the requirement of an obligatory audit is applicable), a copy of the shareholders’ resolution approving the financial statements and resolving on allocation of profits/ loss coverage, and the management report on activity.

The approved annual financial statements must be kept in the archives permanently, whereas the accounting records, inventory documentation and other source documents must be stored for 5 years.

Audit Requirements

Annual financial statements of banks, insurance agencies, investment and pension funds and joint stock companies are subject to an obligatory audit and must be published.

The audit requirement also applies to the financial statements of other entities where in the year preceding the reporting year to which the financial statements relate, two of the following three conditions are met:

a) mid year employment level of 50 or more,

b) balance sheet totals of assets and liabilities as at the year-end were at least EUR 2,5 million,

c) turnover net of VAT (revenues from sales of goods and products and financial operations) exceeding EUR 5 million.