A new EU directive on restructuring law has been approved by the European Parliament and is expected to be adopted by the Council of the European Union as early as June. It will become applicable in all EU countries later this year. The new directive on the legal framework for precautionary restructuring is expected to harmonise the rules on the recovery of companies in all EU countries.
- The directive will be adopted by the Council of the European Union on 6 June and published in the Official Journal of the European Union before the end of June," Maria Tomasik, spokeswoman for the Economic and Financial Affairs Council, told us.
- Every year, 1.7 million people lose their jobs due to
company bankruptcy, where they are employed. That is why the EU must have strong bankruptcy rules to reduce the number of such incidents and give a second chance to entrepreneurs with a good reputation. I am pleased that we have reached an agreement with the Parliament so quickly and that the new rules will be adopted before the European elections, said Josef Moser, Austrian Minister of Justice.
Member states will have two years to implement the new rules into their national legislation, but may ask the European Commission for an additional year to do so.
In my opinion company restructuring advisors Poland has nothing to be ashamed of and our regulations are among the most modern in Europe.
Polish regulations ahead of the directive
Among the solutions that business transformation experts consider beneficial for companies are the preference for restructuring before its bankruptcy.
– In this case, we can boast because our law protects entrepreneurs against bankruptcy, and even suspends the possibility of considering a bankruptcy application if a restructuring application is submitted at the same time – said Małgorzata Anisimowicz, president of the PRM
Restructuring SA.
Enforcement is not the solution
The situation is similar with bailiffs' enforcement against the company in during restructuring. In some EU countries, there is no way to stop them, because the goal is to protect the rights of creditors. Does this actually protect lenders? Experts disagree.
- According to our law, in order to achieve the goal of being able to
company restructuring, enforcement is suspended. The regulations should protect entrepreneurs, which is tantamount to protecting creditors. Restoring the company's ability to operate on the market will affect the ability to repay creditors - believes Anisimowicz.
In my opinion restructuring adviser Many years of practice show that the degree of satisfaction of creditors in bankruptcy proceedings is low.
- Just an essay
arrangement proposals will protect both the legitimate rights of creditors and the existence of the entrepreneur, his employees, contractors and the state treasury – believes the president of PMR Restrukturyzacje.