A foreign-owned subsidiary registered in Poland begins missing supplier payments. The parent company, itself under financial pressure, holds the Polish entity's key contracts and intellectual property. Two insolvency proceedings – one abroad, one in Warsaw – now run in parallel. Which court leads? Which creditors rank first? The answer determines whether anything is recovered at all.

Cross-border insolvency involving Poland activates the Prawo restrukturyzacyjne (Restructuring Law) and the Prawo upadłościowe (Insolvency Law), read together with EU Regulation 2015/848 on insolvency proceedings. The regulation assigns primary jurisdiction to the court of the debtor's Centre of Main Interests (COMI), which triggers automatic recognition of that main proceeding across all EU member states. A Polish court may open secondary proceedings limited to assets located in Poland, regardless of where the main proceeding sits.

This alert identifies the three pressure points that most often derail cross-border cases touching Poland: COMI disputes, board liability windows, and asset-protection timing. Each carries hard deadlines. Missing any one of them forecloses options that cannot later be reopened.

What has changed in cross-border insolvency rules affecting Poland?

EU Regulation 2015/848 replaced its predecessor in 2017 and introduced a rebuttable presumption: the COMI of a company is its registered office. That presumption can be challenged – but only within a narrow window after the opening of proceedings. Polish district courts (the sąd rejonowy, or District Court) have become increasingly active in scrutinising COMI challenges, particularly where group structures move management functions between jurisdictions shortly before filing. The National Court Register (Krajowy Rejestr Sądowy, KRS) records registered-office changes, and courts treat recent relocations with scepticism.

Two further developments matter for 2025–2026. First, the Polish legislature tightened the pre-pack (przygotowana likwidacja) procedure, shortening the court's decision window to 14 days from the filing of a motion. Second, the Polish Financial Supervision Authority (Komisja Nadzoru Finansowego, KNF) extended its monitoring of regulated entities in distress, meaning that insolvency filings by banks, insurers, and payment institutions now trigger automatic KNF notification obligations. Missing either deadline creates personal liability exposure for board members.

The practical effect is compression. Boards have less time to prepare, creditors have less time to object, and asset-protection windows close faster than they did under the old framework. For groups with Polish subsidiaries, the 30-day board-filing obligation under Polish insolvency law remains unchanged – but the surrounding procedural landscape has become denser.

Who is affected and what are the immediate action items?

Any company with a registered office or significant assets in Poland is within scope. The thresholds that trigger mandatory insolvency filing are: inability to meet monetary obligations for more than 24 months, or liabilities exceeding the value of assets for more than 24 months. Both tests run simultaneously. A board that misses the 30-day filing window after either threshold is crossed faces personal liability for the full shortfall suffered by creditors – an irreversible consequence that white-collar defence counsel cannot undo after the fact.

Three categories of entity face the sharpest exposure right now.

  • Polish subsidiaries of foreign groups undergoing restructuring abroad – COMI disputes can freeze asset disposals for months.
  • Joint ventures where one partner is insolvent – the solvent partner may be dragged into secondary proceedings involuntarily.
  • E-commerce and technology businesses with Polish operations but foreign holding structures – KRS records often lag behind operational reality.

We secured a reversal of a creditor's challenge to secondary proceedings for a manufacturing client in the Mazowieckie region (autumn 2025), preserving over PLN 8m in local assets. In a separate matter, our team obtained interim protective measures for a German investor's subsidiary in Lower Silesia (spring 2026), preventing asset dissipation during a parallel German proceeding. Both outcomes depended on acting within the first 14 days of the foreign proceeding opening.

Immediate action items, in order of urgency:

  • Map COMI: confirm where management decisions are genuinely made and document it now, before any filing.
  • Check the 30-day clock: identify the earliest date either insolvency threshold was crossed and count forward.
  • Notify KNF if the entity is regulated: the notification window is 7 days from the filing date.
  • Instruct local counsel in each jurisdiction before filing: parallel proceedings require coordinated strategy, not sequential reaction.

For groups considering a pre-pack sale of Polish assets, the motion must be filed simultaneously with – or before – the insolvency petition. Filing the petition first without a pre-pack motion forfeits the accelerated 14-day approval track and forces the standard liquidation timeline, which runs to 12 months or longer. That delay typically destroys going-concern value. Restructuring Poland cases that involve cross-border elements require tax advice in parallel; the tax treatment of debt waivers and asset transfers differs materially between jurisdictions. For context on how Polish insolvency interacts with Nordic group structures, see our analysis of cross-border insolvency involving Poland and Sweden. Comparable issues arise in Southern European contexts: our note on cross-border insolvency involving Poland and Spain addresses COMI conflicts in detail. Tax structuring considerations that arise during restructuring are covered separately under our tax practice for Poland.

Specific situations require individual assessment. A Polish subsidiary with assets exceeding EUR 2m, a foreign parent in proceedings, and a board that has not yet filed faces a combination of risks – personal liability, secondary-proceeding exposure, and potential criminal referral – that interact in ways a generic checklist cannot resolve.

To receive an expert assessment of your group's cross-border insolvency exposure in Poland, contact info@kordeckipartners.com.

Frequently asked questions

Q: Can a Polish court refuse to recognise a foreign insolvency proceeding opened in another EU member state?

A: Recognition under EU Regulation 2015/848 is automatic within the EU – a Polish court cannot refuse it on the merits. However, the court may open secondary proceedings limited to Polish assets, and it retains jurisdiction to rule on COMI challenges filed within the prescribed window. Recognition outside the EU relies on bilateral treaties or Polish domestic private international law, which gives courts broader discretion.

Q: How long does a board member have to file for insolvency in Poland, and what happens if the deadline is missed?

A: Polish insolvency law sets a 30-day deadline from the moment the company becomes insolvent. Missing that deadline exposes each board member to personal liability for the full amount of creditor claims that remain unsatisfied – without any cap. The liability is joint and several among all board members who were in office during the relevant period. Courts do not grant extensions.

Q: Is a pre-pack sale available in Polish insolvency, and what does it cost?

A: Yes. The pre-pack procedure allows a buyer to be identified before the insolvency petition is filed. The court approves the sale within 14 days of the petition, at the price set in an independent valuation. Court fees for the pre-pack motion are capped at PLN 1,000. The main cost is the independent valuation, which typically ranges from PLN 15,000 to PLN 80,000 depending on asset complexity. The procedure is only available if the motion is filed together with – or before – the insolvency petition.

KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to restructuring, insolvency, and cross-border proceedings. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.

Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.