Best Structured Finance Lawyers in Proszowice

1. About Structured Finance Law in Proszowice, Poland

Structured finance in Poland covers techniques such as securitisation and related special purpose vehicle (SPV) structures. It combines national statutes with European Union requirements to convert illiquid assets into tradable securities. In Proszowice, as in the rest of Poland, professionals rely on a framework managed by the Polish Parliament and financial regulators to align investment risk, disclosure, and servicing.

A typical Polish securitisation involves an originator, an SPV, a servicer, a trustee or security trustee, and investors. The SPV holds the assets and issues securities backed by cash flows from those assets. Polish law preserves asset isolation and creditor protection through this structure, with mandatory oversight by the relevant supervisory authorities.

Practically, a resident or business in Proszowice pursuing structured finance must navigate contract law, corporate law, financial regulation, and anti money-laundering rules. The interplay between Polish statutes and EU rules shapes documentation, disclosure, and enforcement. Local counsel can help tailor a structure to meet Polish tax and regulatory requirements while addressing cross-border considerations.

Source: Komisja Nadzoru Finansowego (KNF) and the Polish legal framework guide structure and supervision of securitisation activities in Poland. https://www.knf.gov.pl/

2. Why You May Need a Lawyer

Originating or investing in securitisation in Proszowice often requires careful legal design to avoid pitfalls. A lawyer helps map the asset pool, governance, and risk allocation before any filing or issuance begins.

• A local developer in Proszowice wants to securitise a portfolio of residential loans. A lawyer can structure the SPV, transfer assets, and ensure compliance with Polish and EU regulations from the outset.

• You need a servicing agreement, a security trustee arrangement, and a prospectus for a securitisation. An attorney drafts and negotiates these documents to align with Polish law and investor requirements.

• You operate a small business seeking project or trade finance through securitisation. A lawyer will draft intercreditor arrangements and ensure enforceability of security interests in Poland.

• AML and KYC obligations apply to structured finance transactions. A solicitor implements compliant processes and reporting to satisfy Polish law and EU expectations.

• You fear insolvency risk for an SPV. A lawyer can plan restructurings, bankruptcy procedures, and recovery options under Polish procedures.

• You require cross-border investment or investor coordination. A Polish solicitor ensures appropriate tax and regulatory treatment for foreign participants.

3. Local Laws Overview

• Act on Trading in Financial Instruments (Ustawa o obrocie instrumentami finansowymi) governs market participants, issuance and trading of financial instruments, and the conduct of entities involved in securitisation. This act is maintained and interpreted with oversight by the Polish financial regulator. Effective date and amendments are published on official Polish legal databases. Source: https://isap.sejm.gov.pl/

• Civil Code (Kodeks cywilny) provides framework for contracts, security interests, and asset transfers used in securitisation structures. It underpins sale and assignment arrangements, and the enforceability of servicing agreements in Poland. Source: https://isap.sejm.gov.pl/

• Anti Money Laundering Act (Ustawa o przeciwdziałaniu praniu pieniędzy i finansowaniu terroryzmu) governs customer due diligence, reporting, and suspicious activity controls. It applies to financial transactions and SPV operations within Poland. Source: https://www.gov.pl/

Poland also implements EU securitisation rules through national law and KNF supervision. In addition, Polish corporate and tax rules shape SPV formation, asset transfers, and cross-border transactions. Recent regulatory practice emphasizes transparency, servicing standards, and disclosure for securitisation deals. Source: https://www.knf.gov.pl/

Source: ISAP and KNF guidance indicate the central role of EU-aligned rules in Polish securitisation, with nationwide application across provinces including Lesser Poland and Proszowice. https://isap.sejm.gov.pl/ and https://www.knf.gov.pl/

4. Frequently Asked Questions

What is structured finance in Poland and how does it apply to my project?

Structured finance uses SPVs to isolate assets and raise funds via securitised instruments. Polish law provides the framework for asset transfers, servicing, and investor rights. It applies to real estate, consumer credit, and corporate receivables in Poland.

How do I start a securitisation in Proszowice?

Begin with a scope assessment of asset pools and funding needs. Engage a Polish solicitor to design an SPV, draft key agreements, and prepare regulatory disclosures. Early planning helps manage tax and compliance requirements.

What documents are needed to form a Polish SPV?

Common documents include SPV charter, asset transfer agreements, servicing and master servicing agreements, and a prospectus or information memorandum. Additional investor and trustee documents may be required. Legal review is essential.

What is a servicing agreement in securitisation?

A servicing agreement assigns ongoing collection and administration of receivables to a servicer. It defines duties, performance standards, reporting, and default remedies under Polish law.

Do I need a lawyer to issue a securitisation prospectus in Poland?

Yes. A lawyer ensures the prospectus complies with applicable financial instruments law and disclosure rules. They coordinate with auditors, registries, and the KNF where required.

How long does a Polish securitisation take from start to finish?

Typical timelines vary by complexity but planning and initial approvals often take 6-12 weeks. Documentation, regulatory review, and closing can extend to 3-6 months for larger deals.

Do I need KNF approval to issue securitisations?

Most private securitisations or private placements do not require full KNF approval, but ongoing compliance and certain disclosures are supervised. Public offerings may trigger KNF and exchange requirements.

What are typical costs to hire a structured finance attorney in Poland?

Fees depend on deal size and complexity, but expect professional fees for drafting and negotiation to range from a few thousand to tens of thousands PLN. Additional costs include regulatory filings and due diligence expenses.

Can a Polish SPV own and transfer real estate assets?

Yes, SPVs can own real estate, subject to asset transfer and corporate governance rules. The transfer must maintain asset isolation and comply with Polish land and property laws.

Should I consider AML compliance for securitisation deals?

Yes. AML compliance is essential for customer due diligence, transaction monitoring, and reporting. Non-compliance can trigger penalties and affect the deal’s legality and reputation.

What is the difference between securitisation and debt sale?

Securitisation involves securitised instruments backed by pooled assets and ongoing servicing, while a debt sale transfers receivables without ongoing servicing. Securitisation often provides structured cash flow and rating considerations.

Is cross-border securitisation allowed for Polish issuers?

Cross-border securitisation is possible under Polish and EU law, with considerations for tax, currency, and regulatory reporting. Local counsel helps align cross-border structures with Polish requirements.

5. Additional Resources

• Komisja Nadzoru Finansowego (KNF) - Poland's national financial market supervisor. It provides guidelines, supervisory expectations, and regulatory interpretations for securitisation, SPVs, and related activities. knf.gov.pl

• Internetowy System Aktów Prawnych (ISAP) - Official database of Polish laws and regulations. It hosts the full text of acts such as the Act on Trading in Financial Instruments and the Civil Code. isap.sejm.gov.pl

• Polish Government Portal - Central hub for legal, regulatory, and justice information. It provides access to official guidance and contact points for financial regulation. gov.pl

6. Next Steps

1. Define your project and asset base clearly. Note whether you are originator, servicer, or investor and estimate the funding size and timeline. Do this within the next 1-2 weeks.

2. Gather relevant documents such as asset lists, contracts, property deeds, and existing agreements. Prepare a preliminary data room for review within 2-3 weeks.

3. Identify a qualified Polish structured finance lawyer with local language and regulatory experience. Request a scope of work and fee estimate within 1 week of initial contact.

4. Schedule an initial consultation to discuss structure, compliance, and documents. Plan to complete this within 2-4 weeks.

5. Obtain and review an engagement letter outlining scope, deliverables, and timelines. Confirm costs and a payment schedule before work begins.

6. Draft SPV documentation, servicing agreements, and the securitisation information package. Allow 4-8 weeks depending on complexity and regulatory steps.

7. Coordinate with the KNF if needed and ensure AML/KYC protocols are in place. Schedule regulatory milestones and final disclosures.