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An opportunity for Polish family businesses

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According to CEIDG statistics, there are currently around 2 million companies registered in Poland, 60 per cent of which are family businesses, and more than 100 of their owners die every month, very often without settling inheritance matters. The new regulations provide an opportunity to continue the family business even in such situations.

New regulations on business succession came into force on 25 November 2018, making it possible to appoint a successor manager also in an emergency mode, i.e. in a situation where the owner has not settled the issue of transferring the company before his death. In such a situation, the heirs or spouse of the owner may effectively appoint a manager succession, which has two years (sometimes this period can be extended to 5 years) to prepare the company for further functioning in the new legal reality.
Continuation of the family business without abrupt changes to the company's operations

– This is a much-needed regulation, which has been awaited not only by family businesses, but also by their suppliers, subcontractors and a whole host of employees – says Małgorzata Anisimowicz, president of PMR Restructuring SA. – Continuation family business without any sudden changes in the functioning of the company gives it a huge chance to survive on the market. Before the current regulations came into force, it was really difficult - he adds.

In Poland, as many as 60 per cent of entities registered with CEIDG are family businesses

According to various estimates, family businesses are responsible worldwide for 70-90 percent of GDP. In Poland, out of 2 million entities registered in the CEIDG database, as many as 60 percent are family businesses. Unfortunately, most owners still family businesses in Poland does not regulate the situation of businesses in the event of one's death - e.g. through its sale, donation or will. According to experts, such regulations, whether at the statutory level or the awareness of owners, are necessary to build multi-generational businesses. A system is needed for the survival and continuation of companies after the owner's death.

- IN Poland business succession issues are quite new, because our free market history is only 30 years old. In the West, the awareness of inheriting family businesses has a longer perspective, multi-generational business planning is also something much more natural - says Małgorzata Anisimowicz. - From my perspective, that is, restructuring advisors supporting entrepreneurs in crisis situations, including often family businesses operating for generations, we see that owners they are increasingly thinking about these issues and securing companies against such situations – adds Małgorzata Anisimowicz.

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