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Crisis counselling

We have prepared a legal toolkit to facilitate appropriate action in the extraordinary circumstances of the coronavirus pandemic. Thanks to our competence and experience, we can appropriately select and adapt the proposed solutions to the individual needs of entrepreneurs. We support entrepreneurs in this area:

Liquidity management in an emergency situation:

  • Effective management of working capital - monitoring receivables and liabilities
  • Precise definition of insolvency conditions
  • Actualisation of the obligation to file a bankruptcy petition

  • Other financial solutions:

  • Monitoring and management of funding conditions (collection and definition of areas of banking covenants)
  • Suspension and renegotiation of terms and conditions of repayment of loan instalments, leasing instalments, rents and other periodic commitments, renewal of existing financing
  • Consolidation of loans
  • Monitoring financial liquidity and introducing hedging mechanisms (verification of operating costs, optimisation of contracts)
  • Adapting the transfer pricing model to market conditions

  • Organisational procedures under labour law and health and safety at work:

  • Drawing up regulations, practices, internal documents concerning the principles related to the use of remote work - including the protection of personal data when transferring documents and using them outside the company's premises (servers, e-mails, etc.) and monitoring employees
  • Proven safety procedures to improve the protection of workers against infection, forced quarantine (including legal action schemes to verify the health / capacity of workers)
  • Support for disciplining employees who break the procedures (warnings, reprimands, fines, termination of employment contract with and without notice)
  • Handler's delegations (contracting out of work in areas with an increased risk of virus infection)
  • Everything to do with the payment of wages for downtime due to the necessity for the entrepreneur to stop working
  • Compliance for HR: appointment of a coordinator in the company, contact point and signal handling

  • Taxation solutions:

  • Payment in instalments / derogation of tax liabilities and social security contributions, abolition of the pro-long-up fee
  • Reverse loss deduction (solution currently being proposed by the government)
  • Planning of advance income tax payments: real / reduced amount
  • Tax depreciation planning
  • The use of the relief for bad debts in VAT and income taxes
  • Use of income tax reliefs (IP Box, research and development relief)

  • Contract analyses:

  • Verification of contracts which risk not being performed correctly / on time with a view to withdrawal / termination of the contract, changes in the rules of its performance, calculation of contractual penalties, the use of "extraordinary" legal institutions (impossibility of performance, invoking "force majeure", extraordinary change in circumstances, etc.)
  • Prevention of non-performance or termination of the agreement by the counterparty
  • Properly documenting and archiving the impact of the epidemiological situation on the company and its ability to perform its obligations (with a view to securing the possibility of invoking force majeure etc. against the contractor)

  • Mobilisation of insurance policies:

  • Verification of active policies for the possibility of pursuing claims against the insurer in relation to the current market situation (insurance of credit and loan agreements, reimbursement of costs of disinfection of offices and industrial halls, etc.)
  • Negotiation of the content of new policies (lack of adequate protection in the current situation based on standard contractual clauses)

  • Fight against payment congestion and its consequences:

  • Monitoring the consequences of late payment / verification of the possibility of extending payment periods (especially in the context of the provisions of the Congestion Prevention Act introducing mandatory deadlines)
  • Support in the efficient enforcement of the objects of security and assistance in securing the material execution of the agreement
  • Support in possible proceedings of the Office for Competition and Consumer Protection (UOKIK) in connection with excessive delays in the repayment of liabilities
  • Monitoring the financial situation in order to update the premises of bankruptcy (risk of liability of the management board)
  • Applications for consumer bankruptcy of board members and persons responsible for liabilities

  • Prepared emergency procedures:

  • Procedures to be followed in the event of the introduction of a state of emergency or restrictions on freedom of movement in a country, with particular regard to arrangements for maintaining the continuity of business operations
  • Functioning of security zones: assisting businesses in meeting their obligations arising from the establishment of the zone

  • State aid and grants:

  • Securing grants already granted in terms of risk of further project implementation in progress
  • Analysis of the provisions of the agreements / decisions in terms of the obligation to report the risk of further project implementation - agreements with the institutions providing assistance
  • Applications for postponement of project implementation
  • Safeguarding the procedure in case of "force majeure"
  • Securing the company in case of withdrawal from the project

  • Restructuring procedures:

  • Creditor settlements / annexation of contracts
  • Drawing up applications to open restructuring proceedings (including assessment of the most appropriate solution)
  • Support in the process of enterprise reorganisation (withdrawal from unfavourable mutual agreements, reduction of employment, disposal of assets)

  • Collaboration with administrative bodies:

  • Support in the execution of orders imposed by administrative decisions (verification of the obligation to perform the commissioned tasks and the consequences of their non-performance, the ways of financing them, verification / definition of other obligations that may arise)

  • Environmental and construction law protection:

  • Revaluation of new obligations and temporary suspension of existing ones
  • Support in the event of doubts as to the legitimacy of the authorities in connection with the exclusion of the application of building regulations

  • Fast financing path:

  • Preparation of credit applications and financial projections and business plans, rapid negotiation of financing conditions (credit decisions for commercial financing and government planned aid financing)
  • Submission of applications and verification of conditions for applying for BGK guarantees
  • Factoring

  • Team

    Marta Hausmann-Kostka

    Senior Manager

    Attorney-at-law | OW Legal

    Ludmiła Łuczak

    Senior Manager

    Attorney-at-law | OW Legal