An important issue in the restructuring process, practical for creditors from the point of view of making decisions in restructuring and bankruptcy proceedings, is the valuation of the assets of the entity subject to restructuring, taking into account individual classes of assets. We may be dealing with a valuation of the entire enterprise or individual components. In Poland, company valuation and the process related to it have not been legally regulated. At the restructuring stage, the bankruptcy trustee or liquidator – depending on the form of proceedings – estimates the components of the bankruptcy estate, and may use experts to that purpose.
Welcome at the webinar prepared by KIELTYKA GLADKOWSKI KG LEGAL in the frames of our iSTART1 concept which combines cross border legal services and networking between European enterprises who need finansing for commercial projects and development in such sectors as, for example, life sciences, biotech, longevity, HR tech, technology, gaming, defence. Elevator pitch is a simple textbook how to persuade potential investor to invest and to enter into a joint venture. The webinar also presents practical hints about the investment contract and crucial clauses that should be included there.
The article prepared by Przemysław Głowacz, KIELTYKA GLADKOWSKI KG LEGAL
Introduction
The concept of whistleblowing has been known for many years. It is the term that refers to the act of calling for help and literally means “blowing the whistle”. It is defined as critical statements, complaints or tips provided by employees – whistleblowers about shortcomings and erroneous behavior in the company towards state institutions or other third parties.
Amendment to the Polish Code of Civil Procedure: changes in the scope of enforcement proceedings
Introduction, basic objectives of the Amendment
The Act of 9 March 2023 changed a significant part of the provisions of the Polish Code of Civil Procedure (Act of 17 November 1964). A large part of the changes covered enforcement proceedings, i.e. a separate (from, inter alia, examination and auxiliary) type of civil court proceedings.
According to the reasons for the Draft Amending Act (Print No. 2650), the new legal changes were primarily aimed at simplifying the applicable procedures, reducing the workload of the courts and shortening the duration of proceedings. In the field of enforcement proceedings, one of the specific objectives was to specify the rules regarding the so-called bailiff services.
Recognition of the judgment to initiate foreign bankruptcy proceedings does not constitute an obstacle to the initiation of bankruptcy proceedings by a Polish court. However, if the judgment to initiate the main foreign bankruptcy proceedings has been recognized, the bankruptcy proceedings initiated in the Republic of Poland are secondary bankruptcy proceedings.
