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Legislative Framework The
current framework for privatisation in Poland is contained in the Law
on Commercialisation and Privatisation of State Enterprises, passed
on 30 August 1996. This legislation came into force in April 1997. The
law governs two basic privatisation methods: indirect privatisation,
also known as capital privatisation and direct privatisation, sometimes
referred to as privatisation through liquidation. The
legislation also permits the commercialisation and privatisation of
state enterprises under the Law on State Enterprises of 25 September
1981 at the instigation of various authorities. These are the minister
responsible for the relevant sector (e.g. Minister of Economy), the
Wojewoda (Governor of a province) or the Mayor of a commune. The
Mass Privatisation Programme aimed at spreading the benefits of ownership
changes across the whole nation is based on Law on National Investment
Funds and their Privatisation of 30 April 1993. The Programme was launched
in 1995. Other
legal regulations pertaining to this matter include the Law on Financial
Restructuring of Banks and Enterprises of 3 February 1993 and the Law
on Administration of State Treasury’s Agricultural Property of 19 October
1993. There
are three entities responsible for the privatisation of the Polish economy.
These are:
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