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What is a company restructuring?

Business restructuring is a process of specialised activities that have prevent the company from declaring bankruptcy. It consists of reaching an agreement with the creditors, of course after the company's restructuring plans have been presented. In addition, such measures make it possible to protect the entrepreneur as well as its assets.

This is one of the exits, when the insolvency of your company is at stake or when you anticipate that serious financial problems are about to arise. Whether you own a sole proprietorship or manage a general partnership, if you are in financial trouble, it is worth seeking help from a specialist and restructuring your business in a timely manner to avoid insolvency.

Małgorzata Anisimowicz

Company restructuring - rescue from insolvency

If you are tired of wondering what business restructuring is, where to start and how to go about it so that results appear - you have come to the right place! Helping indebted companies is well known to us! You don't have to be afraid of not knowing the law, we will support you at every stage.

As part of the business restructuring activities, the restructuring law firm should prepare a new plan for repayment of liabilities - such a procedure constitutes assistance to indebted companies.

Restructuring proceedings allows for stopping the activities of tax and court bailiffs. Restructuring of both sole proprietorships and partnerships (e.g. general partnerships) allows for the recovery of liquidity by unlocking funds for ongoing business activities (reduction of corporate debt).

Restructuring the company also allows for further earning opportunities. In order to provide restructuring services to a company, knowledge of restructuring law is necessary. Our law firm, which focuses on corporate restructuring and insolvency, may therefore prove helpful.

Benefits of restructuring
  • suspension of bailiff enforcement even in a few days
  • protection from enforcement for several years
  • prohibition on initiating new enforcement proceedings
  • reduction of the debt balance by up to 50%
  • restoration of earning capacity
  • protection of assets
  • prohibition of compulsory mortgages
  • suspension of loan instalments

What are the types of restructuring proceedings?

Proceedings for approval of the arrangement

The procedure is envisaged for debtors who are able to collect the votes of the required majority of their Creditors supporting the terms of the arrangement on their own, with the support of a restructuring advisor and without the involvement of the court:

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Arrangement proceedings

Proceedings are conducted when the disputed claims exceed the 15% threshold and, therefore, a judicial resolution of the disputes and recognition or non-recognition of the claims is necessary.

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Sanitation proceedings

The proceedings are dedicated to the most difficult situations in which companies find themselves. Situations that require deep restructuring, operational, legal and financial.

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How the simplified restructuring process works

  • 1
    Concluding an agreement with a restructuring adviser
  • 2
    Preparation of the Preliminary Claims Inventory and Restructuring Plan
  • 3
    Notice in the NCR of the opening of proceedings
  • 4
    Distribution of the proposals for composition - vote on the composition agreement
  • 5
    Application for approval of the arrangement
  • 6
    Validation of the arrangement, enforcement of the arrangement

Business restructuring
- rescue from bankruptcy

Restructuring proceedings, whether sanction, arrangement or approval of an arrangement, can apply to virtually all entrepreneurs. Corporate debt relief is a restructuring option for a sole proprietorship, a limited liability company, a general partnership, a joint stock company, as well as a civil partnership. It is a solution for both a large transport company and a small grocery shop.

The restructuring law states that restructuring proceedings can be used by any company that is in a state of insolvency or feels that there is a good chance that such a state is about to arise. Company restructurings can involve completely different forms of debt. They are regarded as a plank that protects against bankruptcy, as they aim to restore companies' earning capacity as well as protect assets.

However, you must remember that time is of the essence in these situations! The sooner you act, the more you can gain. However, de-indebting a company is not everything, it is also important to protect your assets and minimise your liabilities. Restructuring proceedings are the only right solution for companies in crisis.

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