On 25 July 2025, the Sejm of the Republic of Poland adopted an Act amending the Restructuring Law, the Bankruptcy Law, and the Act on the National Register of Debtors. On 5 August 2025, the amendment was signed by the President of the Republic of Poland and—after the lapse of 14 days from its publication in the Journal of Laws—will enter into force as binding law.
On 25 July 2025, the Sejm of the Republic of Poland adopted an Act amending the Restructuring Law, the Bankruptcy Law, and the Act on the National Register of Debtors. On 5 August 2025, the amendment was signed by the President of the Republic of Poland and—after the lapse of 14 days from its publication in the Journal of Laws—will enter into force as binding law.
The amendment constitutes the implementation of Directive (EU) 2019/1023 on preventive restructuring frameworks, commonly referred to as the Second Chance Directive. Poland, as one of the last EU Member States to do so, is introducing solutions aimed at increasing the effectiveness of restructuring proceedings and providing entrepreneurs with real instruments for protection against bankruptcy.
The new provisions introduce a number of significant changes affecting both the structure and the course of restructuring proceedings, as well as the legal position of creditors and debtors. The most important solutions include, among others, new rules governing the adoption of an arrangement, the introduction of the mandatory creditor satisfaction test, regulation of the participation of secured creditors, as well as modifications to the relationship between restructuring proceedings and bankruptcy proceedings.
In the subsequent parts of our article series, we will discuss in detail the individual elements of the amendment, including in particular the cross‑class cram‑down mechanism, the significance of the creditor satisfaction test, and the new rules governing the inclusion of secured creditors in an arrangement.
We invite you to review the legislative process of the Sejm of the Republic of Poland concerning the Government draft Act amending the Restructuring Law and certain other acts.
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