insolvency and restructuring

Conversion of debt to equity and sale of assets as mechanisms for restructuring public companies

Can public companies and others operating on a large scale and needing to restructure their debt take advantage of in-court restructuring using the mechanisms in the Restructuring Law?

Reservation of title to sold goods

Reservation in the sales contract of ownership of the goods until full payment of the purchase price by the buyer increases the security of a supplier of raw materials and semi-finished products to a customer threatened with insolvency.

The position of the security agent in in-court restructuring proceedings

What banks should pay attention to when granting consortium financing or considering restructuring of consortium debt.

The regulated profession of Licensed Restructuring Adviser in Poland

At the beginning of 2016 a new regulated profession of “Restructuring Adviser” was created. The role is to be performed by persons professionally qualified for position of office holder in restructuring and bankruptcy proceedings. Restructuring Advisers are required to have knowledge of law, economics, finance and management. Their professional qualifications are confirmed by licence. Currently over 1,050 professionals hold a Restructuring Adviser licence in Poland.

Restructuring Law and amended Bankruptcy Law: Scope and essence of changes

The main provisions of the Restructuring Law of 15 May 2015 enter into force on 1 January 2016. It will serve one of the foundations of commercial law in Poland, enabling effective restructuring of insolvent enterprises.

Shareholder loans under the amended Bankruptcy Law

Systemic amendments to Poland’s Bankruptcy & Recovery Law enter into force on 1 January 2016.