In response to those needs there was passed the Restructuring Law, which, thanks to effective legal tools applied by restructuring advisors and restructuring companies, permits avoiding or limiting consequences of bankruptcy, and simultaneously attempting to secure the creditors’ rights.
New instruments given to restructuring advisors, permit minimising negative effects of a potential or actual insolvency, faced by both entrepreneurs in trouble and their creditors. This is an absolute novelty to the Polish legal system as before the Restructuring Law entered into force, financial problems very often had meant the necessity of opening bankruptcy proceedings, which had been an option least desirable for entrepreneurs.
KPMG Restructuring sp. z o.o. was founded in order to concentrate our experts’ potential and competence to support entrepreneurs facing insolvency and to provide services of licensed restructuring advisors.
KPMG offers a wide range of business restructuring services, in particular:
- pre-restructuring analyses: financial, legal and tax due diligence
- verifying prerequisites for filing a petition for opening restructuring proceedings or a petition in bankruptcy along with conducting a prepared liquidation in accordance with the Restructuring Law
- provision of advisory services with respect to selecting restructuring proceedings from among: proceedings for approval of an arrangement, simplified arrangement proceedings, arrangement proceedings, recovery proceedings
- drafting applications for opening restructuring proceedings
- preparing restructuring plan covering, among others: company description, market description, analysis of the debtor’s financial standing, proposed strategy, planned restructuring measures and their schedule, methods and sources of financing; developing a financing model covering financial forecasts constituting the grounds for preparing a restructuring plan
- drawing up a list of debts
- drafting debt reimbursement plan
- giving an opinion on the debtor’s ability to carry out the arrangement
- acting as: arrangement supervisor, court-appointed supervisor, administrator
- representing parties to the restructuring and bankruptcy proceedings
- providing transactional advice and assistance in obtaining sources of financing and state aid
- assistance in negotiating conditions of restructuring debts owed to financial institutions and other creditors
- negotiating with banks and other financial institutions; working out key stand-still conditions
- providing assistance in finding new sources of financing that would support the company liquidity
- appraisal of shares or property designated for sale
- exercising control and periodic monitoring of the debtor’s activity
- identifying assets that may be designated for sale
- coordinating work of the creditor’s advisors
- using the restructuring process for limiting possible tax arrears
- assisting in a tax-effective sale of asset constituents
- providing advisory services with reference to a tax-effective recapitalization of entrepreneurs threatened with insolvency
- providing the management with legal protection against third-party claims.