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Restructuring law - still not many companies taking advantage of assistance

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The second year of the amended provisions of the Restructuring and Insolvency Law significantly increasing the chances of rescue of companies in Poland has already passed. Despite new rescue tools being made available to entrepreneurs, protection periods against aggressive debt collection activities of creditors and the professionalisation of the restructuring process, Polish entrepreneurs still very rarely take advantage of such assistance. According to data cited by Coface "Bankruptcy and restructuring of companies in Poland in 2017", 537 bankruptcies and 348 company restructurings were recorded last year, with a total of 885 proceedings initiated, a mere 16 per cent increase compared to 2016.

This is a very small increase even considering that the number of restructurings is growing faster than bankruptcies – in 2016, out of the total number of proceedings, 27 percent were restructuring, and in 2017 – 39 percent. Among the proceedings restructuring proceedings, the most common are accelerated arrangement proceedings (209), and the fewest proceedings for approval of the arrangement (11).

– Entrepreneurs most often use accelerated arrangement proceedings because they enable the quickest possible arrangement with creditors if the crisis is not in an advanced phase and the main problems come down to liquidity disruptions – says Sławomir Anisimowicz, Managing Director of PMR Restrukturyzacje SA – The second most frequently used tool is sanitation proceedings, which in turn enables profound changes to be made in the scope of the conducted operational activities, practically in every aspect, including remodeling or even changing important directions of conducting business – adds Sławomir Anisimowicz.

Why are there so few of these proceedings in Poland, when experts estimate that there are as many as tens of thousands? companies in Poland introduce various internal restructuring measures every year, and several thousand have serious temporary problems?

-Very low number restructuring is the result of the still insufficient knowledge of entrepreneurs – says the managing director of PMR Restrukturyzacje SA – In Poland, in addition, unlike in Western countries, we are dealing with a fear of admitting to problems. The introduction of open restructuring activities by the company for many entrepreneurs and their business partners, financial institutions, and customers is often a negative signal, even a sign of bankruptcy. In such a situation, many companies do not admit to problems until the end, does not seek external help and does not use the tools prepared for them by the legislator – explains Sławomir Anisimowicz.
The material appeared on forumfirm.co.uk:

26 February 2018:
" Entrepreneurs still not using restructuring tools - analysis by PMR Restructuring S.A.
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