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Sebastian Pietrzyk (attorney-at-law and Partner at act BSWW), co-heading the public procurement practice, will take part in a panel discussion about charging contractual penalties and rescission of contracts amid epidemic.
Visit this website for event’s program and registration details.
The conference was organized by Must Read Media.
The law firm represented the landlord – AFI Europe, a leading developer and investor operating in CEE.
The negotiation of the lease was handled by Izabela Żmijewska, attorney-at-law and Senior Associate at act BSWW.
V.Offices is an excellent location for businesses, offering office space of over 21,400 m2. Conveniently located, it has easy access to public transport. The office building is ecologically oriented. In a nod to workers who choose eco-friendly transport solutions, it was equipped with electric car chargers and bike facilities. At design stage, V.Offices was awarded BREEAM Outstanding and won the award for the most eco-friendly building in CEE at the BREEAM gala in London.
If your business struggles due to the COVID-19 epidemic or you are interested in restructuring and bankruptcy, you should join the webinar organized by our law firm.
Send the details of the event to staff members in your company who may be interested.
• The latest legal developments – solutions related to bankruptcy and restructuring provided for in the new Anti-Crisis Shield
• The suspension of obligation to file for bankruptcy – practical aspects
• Extended hardening periods during which debtor’s transactions prior to bankruptcy filing are vulnerable to challenge
• Filing for bankruptcy by the creditor
• Judicial restructuring procedure – is it for you and what type is best?
• Public support for restructuring
If there are any issues you are especially concerned with, let us now. We want to make the webinar worth your while. Contact us with the issues you want us to address at webinar@actlegal-bsww.com no later than one day before the event. You will be also able to ask questions during the webinar.
Barbara Szczepkowska
Attorey-at-law / Partner / Co-Head of Bankruptcy and Restructuring Practice
barbara.szczepkowska@actlegal-bsww.com, +48 602 260 127
Her practice focuses on bankruptcy and restructuring proceedings regarding businesses, during which she represents creditors and debtors alike. She boasts vast experience in advising insolvency practitioners, having advised receivers, court-appointed supervisors and administrators. Barbara also represents clients before courts in a variety of cases, including ones regarding complex fraudulent transfer claims (also those involving a receiver) and major damages recovery cases.
Moreover, she has successfully protected clients’ interests in a few dozen personal bankruptcy processes ending in the release of former business owners and management board members (among others) from their debts.
The webinar is free of charge.
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Follow our website to stay on top of the legal and tax news related to the coronavirus epidemic: https://actlegal-bsww.com/aktualnosci/?type=coronavirus
Recommendations for the law firm:
– real estate
– capital markets
– commercial, corporate and M&A
– construction
– white-collar crime
– dispute resolution
– banking and finance
Recommended lawyers:
– Jacek Bieniak
– Piotr Smołuch
– Michał Wielhorski
– Piotr Wojnar
– Marek Wojnar
– Marta Kosiedowska
– Piotr Pośnik
The Legal 500 is one of the world’s largest legal referral guides.
Click here and see below for more information.
REAL ESTATE – TIER 3
https://www.legal500.com/c/poland/real-estate/
Real estate is one of act BSWW’s core competencies, and the group has experience in commercial and office development transactions, with a strong client roster of real estate funds, developers, construction companies and retailers. In addition to transactional work, it also handles tax due diligence issues. The department is jointly led by managing partners Michał Wielhorski and Marek Wojnar.
Practice head(s): Michał Wielhorski; Marek Wojnar
Testimonials
‘Huge experience in office lease agreements in the Polish market; excellent knowledge of office lease commercial practices.‘
‘Marek Wojnar stands out for his exceptional expertise in advising on a variety of issues related to real estate and construction. He is someone you can trust and rely on.‘
‘Business-oriented lawyers with pragmatic solutions and wide experience.‘
CAPITAL MARKETS – TIER 4
https://www.legal500.com/c/poland/capital-markets/
act BSWW handles equity transactions, including fund raising and buyouts, but particularly stands out for bond issuances through public and private offerings for real estate and financial sector clients. Jointly leading the group, Piotr Wojnar is regularly instructed by public companies and brokerage firms on share deals and M&A, and Piotr Smołuch is an expert in bond transactions and debt-financed projects.
Practice head(s): Piotr Wojnar; Piotr Smołuch
COMMERCIAL, CORPORATE AND M&A – TIER 5
https://www.legal500.com/c/poland/commercial-corporate-and-ma/
act BSWW predominantly advises Polish and foreign public companies, corporations and investment companies on all matters relating to their operations in Poland, with particular expertise in M&A. The group is jointly led by Jacek Bieniak, who has developed a strong Italian client base, commercial law expert Piotr Wojnar and Marek Wojnar, whose practice focuses on the real estate and construction industries. Marta Kosiedowska is another name to note for M&A transactions in the real estate sector.
Practice head(s): Jacek Bieniak; Piotr Wojnar; Marek Wojnar
Testimonials
‘Reliability, activity quickness, versatility.‘
‘High quality service level.‘
CONSTRUCTION – TIER 2
https://www.legal500.com/c/poland/construction/
act BSWW advises on the spectrum of construction projects, including commercial, residential and warehouse developments, as well as infrastructure. The group’s clients include Polish and international construction companies and real estate developers. The team is instructed on construction contracts, agreements for investment-related services involving contractors, infrastructure delivery agreements, zoning and environmental regulation. The group also handles construction-related litigation and arbitration. The department is jointly led by managing partners Marek Wojnar and Michał Wielhorski.
Practice head(s): Michał Wielhorski; Marek Wojnar
WHITE-COLLAR CRIME – TIER 3
https://www.legal500.com/c/poland/white-collar-crime/
The team at act BSWW has experience across the white-collar space, with particular expertise in handling cases involving criminal liability in workplace accidents, and economic crime, including corporate bribery cases. In terms of compliance work, the team is often called upon to advise on the necessary structures and codes of conduct. Other areas of expertise include corporate defence and investigations, both internal and external. With a commercial litigation background, Piotr Wojnar, who has substantial experience before civil, administrative and criminal courts, jointly leads the team alongside experienced criminal defence lawyer Piotr Pośnik.
Practice head(s): Piotr Wojnar; Piotr Pośnik
Testimonials
‘Experience in many cases, high involvement, fast response, large team.‘
‘Piotr Posnik has very good client-facing skills.‘
DISPUTE RESOLUTION – TIER 6
https://www.legal500.com/c/poland/dispute-resolution/
BANKING AND FINANCE – TIER 6
https://www.legal500.com/c/poland/banking-and-finance/
On April 7, 2020, the draft of so-called Anti-Crisis Shield 2.0, including the suspension of the obligation to file for bankruptcy, headed to the Sejm. Based on the drafted legislation, the obligation to file for bankruptcy will be suspended with respect to debtors who became insolvent during and as a result of the COVID-19 epidemic. The 30-day deadline for filing for bankruptcy will start to run anew for these debtors once the state of epidemic is called off.
While we agree with the idea behind the changes proposed in the draft, we also believe that it has certain flaws. First of all, it fails to stipulate any conditions for the suspension in respect of a debtor’s efforts to save its business. This means that a debtor who takes restructuring measures, negotiates with the creditors and seeks public aid and a debtor who fails to respond to its financial difficulties allowing its assets to gradually melt away are treated equally. In our opinion, the solution will materially harm creditors’ interests. Second of all, the deadline for a debtor to regain profitability after the state of epidemic is called off is too short. If the 30-day deadline starts to run immediately after the state of epidemic is ended, businesses will not have enough time to restore the ability to pay their debts. What this basically means is that insolvent business will need to start preparing bankruptcy petitions straight away, which is not the point of this legislation. It should be also noted that the draft legislation does nothing to stop creditors from initiating bankruptcy procedure with respect to a distressed business, which will be left without any protection.
The solution we propose strikes a balance between creditors’ and debtors’ interests. As we see it, the suspension of the obligation should not be unconditional. Based on our proposition, businesses which want to stop the 30-day deadline for bankruptcy filing from running (or ensure that it is not set running) will be required to take substantial actions aiming at restoring the ability to pay due debts after the epidemic ends. Our goal is to protect especially the businesses which will file for public support, e.g. on the basis of one of the so-called special-purpose acts, and will be waiting for the financial help, businesses which file for restructuring and will be waiting for their applications to be processed, as well as businesses which will engage in negotiations with their creditors to reach settlement. Moreover, we believe that businesses should have at least several months after the epidemic ends to regain profitability. We also put forward that the courts should be required to dismiss a creditor’s petition for bankruptcy filed with respect to a debtor which satisfies established requirements (most importantly, the debtor should take substantial actions aiming to improve its liquidity).
If you are interested in the commercial real estate market, you should join the webinar organized by our law firm.
• Solutions proposed in the Anti-Crisis Shield
• Practical aspects of mutual claims expiry
• Entities affected by the regulation
• Lifting the ban – what’s next? How does offer mechanism work?
• Practical issues involved in lease agreement performance
• Temporary ban on termination and automatic renewal of lease agreements – how does it work?
If there are any issues you are especially concerned with, let us now. We will try to answer all your questions during the webinar. Contact us with the issues you want us to address at ewa.cacaj@actlegal-bsww.com no later than one day before the event. You will be also able to ask questions during the webinar.
Alicja Sołtyszewska, Attorney-at-law / Partner
alicja.soltyszewska@actlegal-bsww.com, +48 604 608 728
She has over 10 years of experience in handling a range of real estate issues, focusing primarily on lease agreements for office and warehouse units.
Alicja has advised Polish and international developers, property owners and investment funds in respect of the lease of numerous objects located in, i.a. Warsaw, Kraków, Łódź and Wrocław. and supported tenants, primarily including major multinational corporations. She also advised on the closing of one of the largest recent lease agreements in Poland’s real estate market.
Izabela Żmijewska, Attorney-at-law / Senior Associate
izabela.zmijewska@actlegal-bsww.com, +48 603 300 382
She specializes in real estate law, with a strong focus on lease agreements for retail and office units.
Iza has provided legal support to Polish and international investors and investment funds in respect of the negotiations and closing of lease agreement for office and retail units located in, i.a. Warsaw, Kraków, Poznań and Wrocław.
The webinar is free of charge.
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Follow our website to stay on top of the legal and tax news related to the coronavirus epidemic: https://actlegal-bsww.com/aktualnosci/?type=coronavirus.
Want to support Poland in fighting the pandemic?
Planning to donate goods or services to hospitals? Wish to provide machines, equipment or premises?
Worried that your good intentions will backfire, and you’ll end up in a maze of taxes and paperwork?
Our tax and legal team will assist you for free. We are ready to recommend the best tax options and prepare relevant documents.
Michał Wielhorski
Managing Partner
+48 605 911 303
michal.wielhorski@actlegal-bsww.com
Małgorzata Wąsowska
Partner | Head of Tax
+48 691 477 047
malgorzata.wasowska@actlegal-bsww.com
TUF Real Estate’s new retail park will be located in Golub-Dobrzyń and is expected to be up and running next year. The investor has already taken first steps to start the project. In March this year, TUF Real Estate sold its first project – Chełmiśki Strip Mall. The developer’s second project, Warmiński Strip Mall is underway. It is expected to open late this year.
“The town of Golub-Dobrzyń is yet to have a modern shopping center. Our project will be made up of two buildings with a total leasable area of approx. 3,500 sqm and a parking lot with a capacity of close to 100 vehicles,” says Fabian Eryk Barbarowicz, Managing Partner at TUF Real Estate Polska.
TUF Real Estate was advised on the land purchase for the Golub-Dobrzyń project by act BSWW.
The law firm’s team was led by Michał Wielhorski (Managing Partner). Other team members included Mateusz Prokopiuk (Senior Associate) and Michał Sołtyszewski (Partner).
“It is the latest in a string of projects on which we have had the pleasure to advise our Client. Previously, we assisted the Client in the implementation of a retail park in Chełmno and provided legal support in its sale,” says Michał Wielhorski, Managing Partner at act BSWW.
TUF Real Estate is a well-established real estate company, operating in office and retail real estate market. Its goal is to address the needs of small town communities. The developer’s projects reflect the potential of given location and the purchasing power of its residents, filling the market gap created by the convenience segment.
In view of numberless questions related to the introduction of the state of epidemic threat in Poland, our law firm has designated a team of specialists in labor law, commercial law, tax law and real estate (tenants’ claims related to mandatory suspension of operations in shopping malls). The team is monitoring the legal situation and changes arising from the implementation of new regulations.
Does the restriction of assemblies to 50 people have an impact on your business (e.g. manufacturing plants, offices)? Are food units in shopping malls operating upon the same principles as ones located outside them?
Given the rapidly changing legal situation, our experts are fully available to answer any questions our clients might have in order to quickly and efficiently adjust their business to the new market situation.
If you have any doubts or inquiries, please ask our specialists (who are also available at the weekend):
Michał Wielhorski
Real estate transactions & commercial leasing
Attorney-at-law / Managing Partner
michal.wielhorski@actlegal-bsww.com
+48 605 911 303
Marek Wojnar
Real estate transactions / Corporate law
Attorney-at-law / Managing Partner
marek.wojnar@actlegal-bsww.com
+48 601 379 610
Małgorzata Wąsowska
Tax law
Tax Advisor / Partner
malgorzata.wasowska@actlegal-bsww.com
+48 691 477 047
Ewa Bieniak
Labor law
Attorney-at-law / Of Counsel
ewa.bieniak@actlegal-bsww.com
+48 691 951 285
Marta Kosiedowska
Real estate transactions / Corporate law
Attorney-at-law / Partner
marta.kosiedowska@actlegal-bsww.com
+48 605 107 997
Alicja Sołtyszewska
Real estate transactions & commercial leasing
Attorney-at-law / Partner
alicja.soltyszewska@actlegal-bsww.com
+48 604 608 728
A fully-leased modern shopping complex, Chełmiński Strip Mall is the developer’s first real estate investment. TUF Real Estate’s second project, Warmiński Strip Mall is underway and is scheduled to open late this year. Its third project, a strip mall in Golub-Dobrzyń, is expected to be up and running next year.
“We are glad to be passing on a project which the local community will enjoy for years to come,” says Fabian Eryk Barbarowicz, Managing Partner at TUF Real Estate Polska. “We are committed to providing facilities that are functional in nature. This is why we are very particular about selecting investment sites. Our projects target small towns, where the development of this type of object allows to satisfy the shopping needs of the local community. Apart from Warmiński Strip Mall, which is pending completion, we have started the development of and taken steps to lease the space in the strip mall in Golub-Dobrzyń, which is expected to open next year. “We are also actively working on two other projects to be completed this year,” he adds.
TUF Real Estate was advised on the sale of the retail park in Chełmno by act BSWW. The law firm also assisted the investor in the course of project development. The park was opened last year, in November.
The law firm’s team was led by Michał Wielhorski (Managing Partner). Other team members included Mateusz Prokopiuk (Senior Associate) and Michał Sołtyszewski (Partner).
“Retail parks continue to be an attractive segment of real estate market,” says Michał Wielhorski, Managing Partner at act BSWW. “Our Client’s successful projects are an excellent example of this,” he adds.
TUF Real Estate is a well-established real estate company, operating in office and retail real estate market.
Chełmiński Strip Mall is a cutting-edge retail/service complex located at 18 Polna Street in Chełmno. It was opened in November 2019. The project is made up of three buildings with a total leasable area of approx. 5,800 m2 and 170 parking spaces. All the space in the complex has already been leased to major Polish and international brands, incl.: Pepco, Rossmann, CCC, Martes Sport, KIK, Media Expert, Dealz, Gzella, PLUS GSM, Biedronka.
