On 1 December 2021, an amendment came into force which, with certain changes, permanently implemented the solutions offered by the simplified restructuring procedure.
On 1 December 2021, an amendment came into force which, with certain changes, permanently implemented the solutions offered by the simplified restructuring procedure.
This was the legislator’s response to the positive reception of the simplified restructuring proceedings developed during the pandemic. Under this amendment, the so-called Simplified Restructuring Proceedings became a permanent solution under the name of Proceedings for Approval of an Arrangement.
The most important features and effects of these proceedings include:
- Opening by an ICT system: National Debt Register.
- The need to draw up a list of claims, a list of disputed claims and a preliminary restructuring plan as a positive prerequisite for making an announcement on the setting of the arrangement date, i.e. the opening of proceedings.
- Suspension of enforcement by operation of law for a period of 4 months.
- Prohibition on initiating new enforcement proceedings, executing decisions on granting security, and ordering security for claims.
- Inclusion of claims (including those secured by mortgage) in the arrangement without the need for the creditor’s consent.
- Appeal procedure in the event of refusal to make an announcement by the restructuring adviser due to the existence of negative circumstances in his opinion.
- Maintenance of ordinary management of the enterprise.
- Preferential rules for calculating the majority required to adopt the arrangement. This means that the inactivity of the creditor will not block the conclusion of the arrangement.
- Easier opening of rehabilitation or bankruptcy proceedings in the event of non-approval of the arrangement.
- Protection against termination of contracts important for the enterprise.
- A significant disadvantage is the lack of exclusion of subsidiary liability of managers of capital companies for the company’s debts as a result of timely notification of the opening of proceedings for approval of the arrangement.
The proceedings also provide for the protection of creditors’ rights through, among other things:
- The debtor’s liability for damages.
- Limited duration of the proceedings.
- Revocation of the effects of the announcement of the arrangement date.
- Limit on the possibility of opening proceedings for the approval of an arrangement.
- Protection against the risk of the debtor circumventing the provisions on ineffectiveness.
We also invite you to read articles on this topic on the ministry’s website:
Related entries
Reorganisation proceedings – what do you need to know to successfully restructure your company?
Reorganisation proceedings are one of the most effective restructuring tools, allowing entrepreneurs to protect themselves from creditors and implement corrective measures. Thanks to this, a company can avoid bankruptcy and gain time to implement a strategy to improve its financial situation. What does this process look like and how can you increase its chances of success?
4 min.
11 February 2025
Arrangement approval proceedings – how can an entrepreneur quickly regain control over their finances?
The arrangement approval procedure is one of the most important restructuring tools, allowing entrepreneurs in financial difficulties to conclude favourable arrangements with their creditors.
6 min.
12 January 2025
Accelerated composition proceedings – a lifeline for companies in financial crisis?
For many entrepreneurs, a financial crisis is a critical moment that requires decisive action. Accelerated composition proceedings (PPU) are a tool that allows companies to quickly reach an agreement with creditors, giving them a chance to regain financial stability.
5 min.
21 January 2025
Restructuring adviser – what exactly are their powers?
Restructuring is one of the most important legal tools that the legislator has provided for entrepreneurs in financial difficulties. For this process to be effective, it is necessary to engage a specialist with the appropriate qualifications, experience and statutory powers – a restructuring adviser.
7 min.
23 April 2025
Changes to restructuring law in 2025
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.
2 min.
05 August 2025
How does company restructuring protect against bankruptcy?
When a company faces financial difficulties, restructuring is often the last chance to avoid bankruptcy. Companies that identify financial problems early on can implement corrective measures, protecting themselves from complete operational and legal collapse.
7 min.
13 October 2024
Bankruptcies and Restructuring – summary of the first quarter of 2020.
Data on insolvency and restructuring from the first quarter of 2020 compared to the same period last year show a stabilisation in the number of restructuring proceedings and a slight increase in the number of insolvency proceedings, both among companies and consumers.
2 min.
22 April 2020
Arrangement proceedings – how to reach an agreement with creditors and save your company?
Increasing debt, liquidity problems and mounting creditor claims can threaten the functioning of even prosperous companies. Many entrepreneurs in such a situation face a dilemma: is bankruptcy the only solution?
5 min.
05 February 2025
