Best Structured Finance Lawyers in Trzciana

1. About Structured Finance Law in Trzciana, Poland

Trzciana is a village in Tarnów County, in the Lesser Poland Voivodeship. In Poland, structured finance activities follow EU securitisation rules implemented through national law and overseen by the Polish financial regulator. Practically, deals involve special purpose vehicles, transfer of receivables and compliance with EU STS standards. Local practice adheres to Polish civil and banking law as the backbone of structured finance transactions.

2. Why You May Need a Lawyer

• A local agricultural lender in Trzciana plans to securitize a portfolio of farm equipment loans. A lawyer helps form the SPV, assign receivables, and ensure STS compliance.
• A Tarnów County manufacturing firm wants to refinance receivables through securitisation to improve funding terms. An attorney drafts the term sheet and security documents and coordinates regulatory approvals.
• A small business owner seeks to issue asset backed securities to fund expansion. A structured finance solicitor reviews the structure, tax implications, and investor disclosures.
• During a securitisation, covenants are breached or perfor mance metrics change. A lawyer renegotiates terms with investors and amends documentation.
• A cross border securitisation involves foreign investors and currency risk. A Polish solicitor coordinates SPV structure, regulatory compliance, and tax planning.
• You need to sell a receivables portfolio to a Polish or foreign investor. A lawyer handles due diligence, assignment of rights, and transfer mechanics.

3. Local Laws Overview

Polish and EU law shape structured finance practice in Trzciana. The EU framework sets a common securitisation standard and the STS regime, which Polish market participants must follow when issuing securitised products.

Regulation (EU) 2017/2402 on securitisation and the STS framework governs securitisation as a cross border financial instrument within Poland and the EU. It became applicable in member states in 2019.

Two key national instruments commonly involved in structured finance are the Polish Civil Code and the Banking Law. The Civil Code governs contracts, assignments and security interests used in securitisation structures. The Banking Law governs licensing and supervision of banks and financial institutions that may originate or invest in securitisation assets.

Polish Civil Code and the Banking Law provide the contractual and regulatory backbone for securitisation transactions conducted in Poland, including in Trzciana.

• Regulation (EU) 2017/2402 on securitisation and STS framework - applicable across Poland since 2019. Regulation (EU) 2017/2402.
• Kodeks cywilny (Polish Civil Code) - governs contracts, assignment of receivables and security interests used in securitisation. Original act dated 23 April 1964, with ongoing amendments. ISAP - Internetowy System Aktow Prawnych.
• Prawo bankowe (Banking Law) - regulates banking activities and related finance undertakings including securitisation activities by credit institutions. Original act dated 29 August 1997, amended over time. ISAP - Internetowy System Aktow Prawnych.

4. Frequently Asked Questions

What is structured finance in Poland and who uses it?

Structured finance packages assets into securitisation instruments used by banks, lenders and large corporates. It creates off balance sheet financing and access to liquidity for large portfolios.

How do I start a securitisation project in Trzciana?

Begin with a feasibility analysis, assemble data on eligible assets, and engage a local structured finance lawyer to draft the term sheet and form the SPV. Then pursue regulatory approvals as needed.

What is an SPV in a Polish securitisation deal?

SPV stands for special purpose vehicle. It is a separate legal entity created to own the securitised assets and issue securities to investors.

How much does it cost to hire a structured finance lawyer in Poland?

Legal fees vary by complexity and asset volume. Typical advisory costs range from several thousand to tens of thousands of Polish zloty for the initial structuring and due diligence.

How long does a typical securitisation transaction take in Poland?

Simple transactions may complete in 6 to 12 weeks after data gathering, while complex cross border deals can take 3 to 6 months depending on approvals and due diligence.

Do I need a Polish resident lawyer for a local securitisation?

Engaging a Polish lawyer familiar with SPVs, Polish contract law and KNF oversight is strongly advised for regulatory compliance and enforceability.

What is the difference between securitisation and a traditional loan sale?

In securitisation, assets are pooled and financed through securities issued to investors, while a loan sale transfers ownership of assets directly to the buyer.

What is required to ensure STS compliance in Poland?

STS compliance requires transparent data, simple structures, and standardized documentation reviewed by competent authorities and investors.

Is cross border securitisation possible in Poland?

Yes, cross border securitisation is common in Poland, involving foreign investors and SPVs domiciled in Poland or other EU jurisdictions.

Should I hire a local lawyer in Tarnów or Trzciana?

A local lawyer with experience in SPVs, receivable assignment and Polish regulatory requirements is advisable for practical coordination with local authorities.

Do I need to register the SPV in Poland?

Most SPVs in Polish securitisation are registered in Poland or an EU jurisdiction with proper tax and corporate filings; your lawyer can advise on the best choice.

Do I need to conduct due diligence on the asset pool?

Yes, due diligence is essential to verify asset quality, ownership, and enforceability of security interests before securitisation.

5. Additional Resources

These official resources offer authoritative guidance on structured finance related matters in Poland.

• Komisja Nadzoru Finansowego (KNF) - Polish financial market regulator issuing guidelines, oversight and supervisory expectations for securitisation and asset backed activities. knf.gov.pl
• Ministry of Finance - Poland's central authority for financial policy, taxation of structured finance transactions and regulatory updates. gov.pl/web/finanse
• ISAP - Internetowy System Aktow Prawnych - Official database of Polish acts and legal instruments including the Civil Code and Banking Law. isap.sejm.gov.pl

6. Next Steps

1. Define your securitisation objective and identify the asset pool with your legal counsel. Aim to complete data collection within 2 weeks.
2. Engage a local structured finance lawyer in Trzciana or Tarnów County to assess SPV structure and regulatory implications. Schedule an initial consult within 1 week.
3. Draft a preliminary term sheet and select a jurisdiction for the SPV. Align with KNF and tax considerations early in the process. Expect 2-3 weeks for initial drafting.
4. Prepare due diligence materials on the asset pool and assess data quality, title, and enforceability of security interests. Complete within 3-6 weeks.
5. Finalize SPV formation, transfer of receivables and initial securitisation documentation. Plan 4-8 weeks for legal closing activities.
6. Submit regulatory notifications and obtain any required approvals or opinions. Allocate 2-6 weeks depending on complexity.
7. Close the securitisation and commence investor disclosures, ongoing compliance and reporting. Prepare a 6-12 month post closing review plan.