Comprehensive legal advice concerning the restructurisation of commercial activities, as well as representing the interests of participants in bankruptcy and conciliatory proceedings is one of the significant areas of practice at the Kozłowski Śmigielska & Partners law office.
We advise on all legal matters relating to the restructurisation of employment, changes on legal forms or the internal organisation of a company, and changes in the structure of a capital group. We also advise on the financial restructuring and refinancing of our clients’ business operations, taking into account all aspects of such issues, including accounting and tax consequences.
We represent debtors and creditors in court proceedings concerning cases of insolvency of the debtor and in negotiations aimed at the conclusion of a settlement. In undertaking actions, we take into account the internal situation of a company as well as the environment in which that company operates.
As part of our services, we:
- Prepare legal analyses and opinions on the possibility of restructuring a company, the optimisation of its operations and legal obligations, and the scope of liability for the entities involved in the restructuring process;
- Advise on processes relating to employee reduction and restructurisation, the movement of places of employment, and the transfer of employees;
- Provide counsel relating to investment agreements and understandings with creditors concerning changes in principles of debt repayment or debt to equity swaps;
- Provide counsel in transactions associated with the acquisition of companies or organized parts of companies during bankruptcy proceedings;
- Provide counsel during transactions relating to the merger and demerger of companies, as well as during other processes associated with restructurisation and reorganisation processes;
- Represent entrepreneurs in negotiations with banks concerning the content of facility agreements, as well as agreements relating to the granting of financing or refinancing by banks;
- Represent the interests of our clients in and outside of court negotiations with creditors;
- Support the management of companies threatened with bankruptcy so as to minimise the personal liability of management board members;
- Protect insolvent companies from its creditors by implementing legal solutions that will significantly minimize the negative consequences associated with bankruptcy and financial troubles. In many cases, our solutions allow the continuation of normal business operations, maintenance of banking accounts, and reduced threats against the company’s receivables.
- Advise during transactions that are financed by debt from other bank loans including bond issues, drawing loans, the leaseback of real estate, and the establishment of security for the repayment of debt; and
- Represent entrepreneurs in bankruptcy proceedings, those that are winding up and those with the possibility of settlement.
In providing legal advice to our clients, we draw upon the knowledge and experience of lawyers specialising in various areas of law, including banking law, contract law, labour law, tax law, and company law. As a result, our clients are able to obtain practical and useful solutions to their problems. We represent the interests of our clients in disputes in both general courts of law and courts of arbitration.