Marcin Stolarz
Analyst-Author · Adwokat
White-Collar / Restructuring / KKS
Bar admissionAdwokat, ORA Warszawa
SpecialisationKKS Defence, Restructuring, Board Liability
LanguagesPolish, English
Practice · Chapter One
Restructuring, Insolvency and White-Collar Defence.
When liquidity tightens, when a creditor petitions, when a prosecutor calls — we are ready in 24 hours. Preventive restructuring, KRZ filings, board liability under Art. 299 KSH and Art. 116 Tax Ordinance, KKS fiscal criminal defence, pre-pack sales. Discretion is built in.
Practice · 01
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Scope of services
- Preventive restructuring — choice between four procedures
- Simplified arrangement (uproszczone postępowanie)
- Arrangement approval procedure (przyspieszone)
- Sanation proceedings (postępowanie sanacyjne)
- Bankruptcy filings — KRZ system, debtor and creditor petitions
- Pre-pack sale (przygotowana likwidacja) — procedure and execution
- Board liability defence — Art. 299 KSH, Art. 116 OP
- KKS fiscal criminal defence — KAS investigations to court
- White-collar defence — embezzlement, fraud, fiduciary duty
- D&O insurance disputes — coverage triggers, exclusions
- Creditor committee representation
- Cross-border insolvency — EU Regulation 2015/848
- Personal bankruptcy — eligibility, debt schedule
- Criminal liability under KSH — Art. 296 (mismanagement)
Art. 299 KSH personal liability of board members extends to personal assets — and includes tax obligations under Art. 116 OP.
Have a question about this practice?
Practice · 02
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How we work
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You describe
Send your situation in 5–10 sentences via form or call.
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Partner reviews
A partner — not a junior — reads it within 2 business hours.
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Scope & fee
We propose the scope, timeline, and fee — before any commitment.
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Engagement
Work begins only after you approve the engagement letter.
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Lead team for this practice
Practice · 04
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Key jurisdictions
Most common cross-border matters in this practice arrive from:
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Related insights
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Practice · 06
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Frequently asked questions
When must a board file for bankruptcy?
Under Art. 21 of the Insolvency Law (Prawo upadłościowe), the board must file within 30 days of when the entity becomes insolvent or 'about to become insolvent'. Insolvency = inability to pay due liabilities, or balance-sheet insolvency lasting 24+ months. Failure to file within 30 days exposes board members to personal liability under Art. 299 KSH AND criminal liability under Art. 586 KSH.
How does preventive restructuring differ from bankruptcy?
Preventive restructuring (postępowanie restrukturyzacyjne) preserves the business and management; bankruptcy (upadłość) sells off assets. Four restructuring procedures exist: arrangement approval (przyspieszone), arrangement approval procedure (postępowanie zatwierdzające), simplified arrangement (uproszczone), and sanation (sanacyjne). The choice depends on size of debt, creditor cooperation, and need for asset protection.
What protection does D&O insurance provide in white-collar cases?
D&O policies typically cover defence costs and civil damages — but exclude fraud, intentional acts, and known prior facts. Coverage usually requires good-faith conduct. We engage early to (1) preserve coverage by proper notification, (2) negotiate panel-counsel arrangements, (3) contest exclusions where the carrier asserts them prematurely. We have litigated D&O coverage disputes in 6+ matters since 2020.
Discuss your matter with a partner
Describe the situation briefly. A partner — not a junior associate — will respond within 2 business hours.