Company restructuring
Company restructuring
Operational restructuring or court protection – the path chosen to fit the company’s situation
When a company is losing liquidity, arrears are growing and creditors start to press, time and the right order of actions matter. We help companies through a crisis so that they not only survive, but make money again.
Depending on the situation, we carry out operational restructuring – a team of advisers led by Piotr Bendykowski – or court proceedings – a team of lawyers with attorney-at-law Piotr Orłowski, a restructuring law specialist. We recommend the right path after a free assessment of the situation.
When to act
Signs that it’s time to restructure
The sooner you start, the more room to manoeuvre the company keeps. If you recognise two or more of these signs, it’s worth talking now.
- Arrears to suppliers, the Social Insurance Institution (ZUS) or the tax office are growing month by month.
- The bank is terminating or not renewing a loan, leasing companies are demanding payment.
- Payment orders, lawsuits or bailiff seizures are appearing.
- There are sales, but margins and cash are shrinking every month.
- A key customer has stopped paying or the company has lost an important contract.
- The board is worried about personal liability for the company’s debts.
Two paths
Two paths – we choose the one the company needs
Operational restructuring and court proceedings are two different tools. Each path is handled by a separate, specialised team – we decide which one after assessing the company’s situation.
Path 1
Operational turnaround
(out-of-court restructuring)
- Diagnosis of the company’s financial and operational situation
- A recovery plan: costs, margin, customer and product profitability
- Rebuilding liquidity and controlling working capital
- Negotiations with banks, leasing companies and key creditors
- Interim manager or a CRO for the period of change
When: the crisis is at an early stage and the problem lies in margins, costs or liquidity.
Piotr BendykowskiSenior Strategy AdviserPath 2
Court protection
(restructuring proceedings)
- Choosing the right proceedings and preparing the application
- A restructuring plan and arrangement proposals
- Protection from enforcement during the proceedings
- Working with the supervisor or administrator, talks with creditors
- The vote on the arrangement and its approval by the court
When: there are arrears to creditors, loan agreements are being terminated, there are lawsuits or enforcement actions.
attorney-at-law Piotr Orłowskirestructuring lawNot sure which path to choose? That’s exactly where we start. After a free assessment we will tell you plainly whether an operational turnaround is enough or whether the company needs court protection – and who will handle the matter. Let’s start with an assessment of the situation →
Restructuring proceedings
Which proceedings to choose?
Polish restructuring law provides for four types of proceedings. The choice depends on the scale of debt, the number of disputed claims and how broad the protection the company needs is.
| Proceedings | When it works | Company management | Indicative duration |
|---|---|---|---|
| Arrangement approval | When the company is able to reach agreement with most creditors on its own. The fastest and cheapest; protection from enforcement for up to 4 months from the announcement. | You keep management, supported by an arrangement supervisor | 3–4 months |
| Accelerated arrangement proceedings | When disputed claims do not exceed 15% of all claims entitled to vote. | You keep management under the supervision of a court supervisor | several months |
| Arrangement proceedings | When disputed claims exceed 15% – they have to be determined before the vote. | You keep management under the supervision of a court supervisor | several to over a dozen months |
| Remedial proceedings (sanacja) | When the broadest protection and deep changes are needed, including the option to withdraw from unfavourable contracts. | As a rule an administrator (the court may leave management with the debtor) | approx. 12 months |
Based on the Polish Restructuring Law. We choose the right proceedings after assessing the situation of the specific company.
How we work
Restructuring step by step
- 01
Free assessment
Liquidity, debt, legal risks and board liability. Confidential, with an NDA on request.
- 02
Choosing the path
Operational restructuring or the right court proceedings – and the team that will lead them.
- 03
Plan
A restructuring plan and arrangement proposals, plus the company’s recovery plan with numbers.
- 04
Proceedings and negotiations
The application, protection from enforcement, talks with creditors and the vote on the arrangement.
- 05
Implementation and results
Delivering the plan, cash control and reporting – until the company makes money steadily.
Who will handle your case
Seniors from the first conversation – not an anonymous team
Piotr Bendykowski
Senior Strategy Adviser · operational turnaround
More than 15 years at McKinsey, Accenture and KPMG and more than 15 years on management boards – from director to CEO and supervisory board chair. He has run companies with more than 500 employees. Stanford MBA.
View profile →Piotr Orłowski
Attorney-at-law · court protection
A specialist in restructuring and insolvency law. More than 20 years of legal services for companies; arrangement, remedial and arrangement approval proceedings.
View profile →Why Strategy Partners
Safe restructuring – with an eye on what comes after
Two specialised teams
Operational turnarounds are led by experienced advisers, court proceedings by restructuring lawyers. Each does what they know best.
A plan after which the company makes money
The arrangement is not a goal in itself. What matters is that the company is able to carry it out and keep growing.
A senior from the first conversation
The case is handled by experienced experts – the same person from the assessment to the end of the process.
A manager when needed
If the company needs extra hands to manage the change, we provide an interim manager or a CRO.
Confidentiality
A company’s situation in a crisis is sensitive. We guarantee confidentiality and, on request, sign an NDA before the conversation.
Clear reporting
You know what stage the process is at, what has been done and what the next decisions are.
After restructuring
Not just survival – a fresh start
Restructuring isn’t just cost cutting. Alongside the recovery measures we prepare the company for further growth, so that once the process is over it can take advantage of new opportunities.
- A new strategyDirection and an action plan for the period after restructuring.
- Organisational efficiencyProcesses, structure and better use of resources.
- Profitable salesRevenue growth where the company really makes money.
- Cost controlLasting savings without compromising quality.
- New marketsAdditional sources of revenue and a stronger position.
- Team and leadersMentoring the management who will take the company further.
Insights
Worth reading
FAQ
10 questions about restructuring
Answers that will help you look at your company’s situation more calmly.
What is company restructuring and when should you consider it?
Does restructuring mean my company is bankrupt?
Will I lose control of the company during restructuring?
Can a bailiff seize my account during restructuring?
Does restructuring protect my personal assets?
How much does restructuring cost?
How long does restructuring take?
Does restructuring mean laying off employees?
What does working together look like in practice?
What do you gain by combining restructuring with strategy consulting?
Free assessment of your situation
Describe your company’s situation – we will reply within 24 hours
A few sentences are enough: what the arrears relate to, what liquidity looks like and whether creditors have already taken action. Based on that, we will propose a time for a conversation and the first steps.
- The assessment and first conversation are free and without obligation.
- Full confidentiality – on request we sign an NDA before the conversation.
- You talk directly to an adviser or lawyer, not a salesperson.
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