Partner of TPG Law Firm advocate Bartosz Groele is one of the co-authors of the comprehensive publication of the 2nd edition of the Commercial Law System. Volume 6 “Restructuring and bankruptcy law”, which thoroughly discusses issues related to the restructuring and bankruptcy law after the introduced changes. This publication has just been released.
In 2018, TPG Law firm assisted with the publication of the fourth volume of the “Architecture is the most important” series “Trees”. EMG publishing house proposed to selected outstanding individuals to write essays on trees and their role in the context of architectural and urban activities. The author of the introductory essay “Eight linden” is Olga Tokarczuk, the 2018 Nobel Prize laureate. This text still remains the latest text of the Nobel Prize winner published in Polish. We encourage all of you to read, not only the essay of Olga Tokarczuk, but also the texts of other authors, including Prof. Małgorzata Omilanowska, Barbara Bartkowicz and Jan Rylke.
The 4th Kalisz Business Forum is behind us, dedicated to all entrepreneurs from the region who want to expand their knowledge of entrepreneurship and building business relations. During this conference, experienced experts raised important issues related to the business world. Representatives of the TPG Law Office: Partner, advocate Bartosz Groele and advocate Bartosz Magnowski took part in it. Advocate Bartosz Groele together with Advocate Paweł Sikora gave a lecture on “Arbitration Court and Mediation Center at the Regional Chamber of Commerce in Kalisz in amicable, quick and effective settlement of commercial disputes.” More information and a detailed programme at:
The first edition of postgraduate studies on Restructuring, bankruptcy and financial law integrated with skills outside the legal area has just come to an end. It was organized by the Faculty of Law and Administration of the Jagiellonian University (2018-2020). The workshop on restructuring law and insolvency law was held by Bartosz Groele, an advocate and a partner at the TPG Law Firm, together with Maciej Geronim, an advocate, and Zbigniew Miczek, a district and appeals court judge. The workshop was dedicated to judges sitting in economic divisions conducting restructuring and insolvency proceedings as well as the prosecutors and prosecutor assessors handling economic and financial crime in the whole of Poland. This is another edition of the workshop where experts conduct classes in this study form. In the current academic year 2019-2020, starting from 26-27 October this year. the second edition of the studies will open.
On 3-6 October 2019 in New York City will be held the “Congress 60 million – Great Meeting of Polish Community Entrepreneurs”. The TPG Law Firm is a partner of this event through the active participation of the Partners of the TPG Law Firm: attorney-at-law Mariusz Tomasik and attorney-at-law Bartosz Groele. They will sit on two different panels on the subject of: “Real estate – Investing on the real estate market in New York and in Poland”. What are the current trends, where are the greatest opportunities and what to look for when creating investment strategies” and „Investing in Poland. What are the biggest successes of companies and investment funds on the Warsaw Stock Exchange? Where are the greatest investment opportunities in Poland and Eastern Europe? Will Polish Investment Fund hit Wall Street? Exploiting Poland’s economic success”. The idea behind the “60 million Congress” event is to integrate Polish business communities located both in Poland and abroad, by discussing the current position of Poland on the world map and its position in international relations, as well as the current nature and status of cooperation between Polish scientific, business and cultural centers. From the economic point of view, the main goal of the meeting will be to find cooperation areas on which existing relationships should be strengthened and developed, as well as to search for important new areas for joint action. It will be the 6th congress of the 60 million Congress in 2019, this time in New York. So far they have taken place in different cities, in four countries and on two continents. They took place in: Miami in the USA (February 7-10), London in the United Kingdom (May 30-June 1), Berlin in Germany (June 13-15), Buffalo in the USA (Julyv19-21 this year) and in Rzeszów in Poland (August 28-30). Thanks to such a wide reach, the idea of business has reached and reaches a wide audience on international and intergenerational communication levels.
The participation of the Law Firm in the event is a continuation of the TPG’s involvement on the American market and maintaining active cooperation with renowned law firms and advisors overseas.
The work of the Working Group V Insolvency Law UNICITRAL, in which the partner of our law firm, Bartosz Groele participated, ended with the finalization of works on model rules regarding the insolvency of groups of companies and micro, small and medium enterprises. The work on these issues lasted two years, including 4 sessions of the Working Group, in which the Polish delegation actively participated. The current stage opens discussions about the need for change and the possible shape of the national regulation. The topic of small and medium-sized enterprises (SME) will continue as Poland is obliged to modify the regulations in this respect in the light of the Council of the European Union’s directive on company insolvency, as the work of UNCITRAL (UN) working groups is an important point of reference.
The report on the work of the 55th session of the V UNCITRAL Working Group can be seen in the following link.
The Fifth Working group of Insolvency Law of UNCITRAL will choose issues for further work, and it may deal with the topic of asset tracing, which is finding assets of companies, persons and other entities in order to verify suspicions of fraud, abuse or as part of gathering evidence for post-transactional disputes. This will be determined by a colloquium detailing the specific threads, needs and characteristics of issues for the future work of the Fifth Working Group of the UN.
In New York, the 55th session of the Working Group of the V Insolvency Law UNICITRAL takes place, in which the group of experts representing Poland constantly participates. The partner of our Law Firm, Bartosz Groele, has been in this group for many years as an expert in the field of restructuring and insolvency law.
During the session, final work will be held and discussions on model regulations regarding the insolvency of groups of companies (https://undocs.org/en/A/CN.9/WG.V/WP.165). This topic accompanies the work of experts from many sessions and has been finalized. In the face of the trend related to the optimization of risk of economic undertakings and the lack of national regulation, the works are paving the way for discussion about possible solutions for Poland. Also, the topic of insolvency of micro, small and medium enterprises is taken (https://undocs.org/en/A/CN.9/WG.V/WP.165), which in the face of guidelines dedicated, among others, to Poland in the field of European regulations makes the issue extremely current. We encourage you to read the starting materials for the work, the report and the record of the discussion, which can be found in the following link (https://uncitral.un.org/en/working_groups/5/insolvency_law).
On 8 February 2019 the District Court for the capital city of Warsaw in Warsaw dismissed the petition for the declaration of bankruptcy. Said application was filed by a subcontractor against our Client who is one of the leading companies in Poland operating as a general contractor in the construction industry.
In the course of the proceedings before the first instance court our Client was represented by the Law Firm’s Partner, Bartosz Groele, an attorney-at-law and by a restructuring advisor, Bartosz Magnowski, an attorney-at-law. According to the oral rationale behind the decision presented after the decision was announced – the Court concurred with the arguments raised by the representatives of the TPG office who contended that the petition for the declaration of bankruptcy was subject to dismissal under Article 12a of the Bankruptcy Act because the petition was based on a receivable which was disputable in whole.
The issued decision is another important contribution to the adjudication line opposing the practice of filing petitions for the declaration of bankruptcy based on disputed claims. Such petitions are still effectively used by dishonest subcontractors to exert pressure on a contractor to obtain payment for a disputed claim.
Tomasik Pakosiewicz Groele Law Firm has successfully represented the manufacturer of lighting systems, a joint-stock company with its registered office in Warsaw, in the proceedings for the opening of accelerated arrangement proceedings. The Warsaw restructuring court issued a ruling in this matter on February 26, 2019.