Best Structured Finance Lawyers in Wrocław

1. About Structured Finance Law in Wrocław, Poland

Structured finance in Poland, including Wrocław, combines EU securitisation rules with Polish civil and financial law to enable pooling assets and issuing structured notes. In practice, deals usually involve an originator transferring assets to a Polish SPV (special purpose vehicle), which then issues securities to investors. The SPV typically enters into servicing and investor roll-up arrangements with Polish law governing contracts, security interests, and transfers.

Wrocław hosts a growing community of banks, leasing companies, fintechs and investment firms that use securitisation to fund lending, asset portfolios and project finance. Legal counsel in Wrocław coordinates cross-border elements when deals involve foreign investors, service providers or SPVs in other EU jurisdictions. Access to local courts, a developed financial services ecosystem, and proximity to central Polish regulators support efficient execution and enforcement of structured finance transactions.

Poland applies the EU securitisation framework within national law, with regulatory oversight by the Polish financial authorities (KNF) and enforcement through Polish courts. See KNF guidance on securitisation and related regulatory expectations: knf.gov.pl

The general civil-law framework for contracts and security interests used in securitisation is set out in the Polish Civil Code (Kodeks cywilny) and related acts, which are publicly accessible on official portals: isap.sejm.gov.pl

2. Why You May Need a Lawyer

Below are concrete, real-world scenarios in which a Wrocław-based lawyer with structured finance expertise is essential. Each example reflects typical Polish market practice and local considerations.

• A Wrocław-based SME lender wants to securitise a portfolio of regional receivables. You need to set up an SPV in Poland, draft the securitisation prospectus, and establish servicing and default waterfall arrangements that comply with Polish law and EU securitisation rules.
• A local construction company in Wrocław plans a real estate project funded through asset-backed securities. You require collateral structuring under the Polish Civil Code, perfection of pledges, and cross-border considerations if investors come from outside Poland.
• A Polish bank with branch operations in Wrocław seeks a cross-border securitisation with an SPV in another EU member state. You need counsel on cross-jurisdictional documentation, tax implications, and KNF-approval pathways.
• An investor in Wrocław purchases notes issued by a Polish SPV. You require rigorous due diligence on the asset pool, risk retention compliance, and enforcement provisions in case of performance issues.
• A foreign investor wants to participate in a Wrocław securitisation and needs guidance on Polish regulatory requirements for foreign ownership, reporting, and local service providers.
• A servicer in Wrocław encounters a default scenario and needs action plans for triggers, notice procedures, and recovery steps under Polish law while coordinating with the SPV and originator.

3. Local Laws Overview

The Polish framework for structured finance relies on a mix of civil, financial and EU-law-based rules. Below are two to three key legal references commonly relied upon in Wrocław for securitisation and related structured finance activities.

• Kodeks cywilny (Polish Civil Code) - governs contracts, security interests, and collateral arrangements used in securitisation structures. This code forms the backbone of enforceability for agreements among originators, SPVs, servicers and investors. Access to the official text is available on isap.sejm.gov.pl.
• Ustawa o obrocie instrumentami finansowymi (Act on Trading in Financial Instruments) - regulates the issuance, trading and disclosure requirements for financial instruments, including notes issued by securitisation SPVs. This act provides the Poland-specific framework that implements EU market conduct standards within the domestic market. See official text on isap.sejm.gov.pl.
• EU securitisation framework and Polish implementation - securitisation in Poland operates within the EU regime established by Regulation (EU) 2017/2402, implemented through national law and supervised by KNF. In Poland, issuers and servicers must align with EU rules while complying with Polish supervisory and contractual requirements. For regulatory context and guidance, consult KNF resources: knf.gov.pl.

Recent activity in Poland has emphasised aligning disclosures, servicing standards, and risk retention concepts with EU directives, while keeping a clear path for enforcement in Polish courts. When dealing with Wrocław transactions, verify current KNF guidelines and the precise Polish texts in force on the official legal portals.

Poland applies the EU securitisation framework through domestic acts and KNF supervision, with current emphasis on disclosure and servicing standards in securitisation transactions: knf.gov.pl

The Polish Civil Code and the Act on Trading in Financial Instruments are available in official government portals for reference and due diligence: isap.sejm.gov.pl

4. Frequently Asked Questions

What is structured finance in Poland and how does it differ from standard financing?

Structured finance packages assets into notes issued by a dedicated SPV, isolating risk from originators. It differs from standard loans by using securitisation structures, bespoke covenants and dedicated servicing arrangements to manage risk and provide investor protections.

How do securitisation deals work in Wrocław, Poland?

Originators transfer assets to a Polish SPV, which issues securities to investors. The SPV uses the proceeds to fund purchase of the asset pool, while a servicer manages ongoing payments and collections under a formal servicing agreement.

When do I typically need a Polish lawyer for a securitisation?

From early structuring and SPV formation through documentation and regulatory approvals, a local lawyer ensures contract enforceability, compliance with Polish law, and alignment with EU securitisation rules.

Where can I find regulatory requirements for securitisation in Poland?

Regulatory requirements are published by KNF and on official government portals. Always verify the current texts on knf.gov.pl and isap.sejm.gov.pl for the applicable law provisions.

Why should I hire a Wrocław-based attorney rather than an out-of-town firm?

A local attorney understands regional markets, court practices, and local service providers. They can coordinate efficiently with Wrocław-based counterparties and adapt documents to local enforcement practices.

Do I need a prospectus or disclosure document for securitisation?

Yes, depending on the instrument and regulatory regime, a prospectus or disclosure document may be required for investor transparency. Polish and EU disclosure requirements may apply, assessed on a deal-by-deal basis.

Can a foreign investor participate in a securitisation in Poland?

Foreign participation is possible but requires compliance with Polish regulatory and tax rules, as well as potential reporting to KNF. Local counsel helps navigate cross-border issues and language requirements.

Should the documentation be in Polish or can it be bilingual?

Documentation is commonly in Polish, with English translations optional for international investors. However, key enforceability clauses and notices are typically required in Polish to ensure Polish courts recognize terms.

Do structured finance deals in Poland require a local SPV?

SPVs are common in Poland to isolate assets and structure cash flows. A Polish SPV provides clear legal personality and enforceable rights under Polish law, subject to regulatory oversight.

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

Costs vary by deal complexity, scope and timeline. Expect hourly rates for senior counsel and fixed-fee components for certain drafting tasks, with a typical engagement spanning months.

How long does a typical securitisation transaction take in Poland?

A straightforward deal may close in 3-6 months, while complex cross-border securitisations can take 6-12 months or longer depending on approvals and counterparty negotiations.

Is there a difference between securitisation and asset-backed securities in Poland?

Asset-backed securities are a form of securitisation; both involve asset pools and SPVs. In Poland, the legal and regulatory framework for securitisation applies to both, with specifics depending on instrument type and investor base.

5. Additional Resources

• Komisja Nadzoru Finansowego (KNF) - Official regulatory authority for financial instruments and securitisation in Poland
• Kodeks cywilny - Polish Civil Code for contracts and security rights
• Biznes.gov.pl - Official government portal with business finance and compliance resources

6. Next Steps

1. Define your objective and assemble a written brief describing the securitisation or structured finance project you want to run in Wrocław.
2. Identify potential law firms or solo practitioners in Wrocław with demonstrable experience in securitisation and asset-backed structures.
3. Gather key documents up front, including asset portfolios, service agreements, and any existing SPV documents for preliminary review.
4. Reach out for initial consultations to compare approaches, language capabilities, timelines, and fee structures.
5. Request a written engagement proposal with milestones, deliverables, and a transparent fee estimate; confirm conflicts checks and onboarding timelines.
6. Engage the selected lawyer and establish a working group with your internal team, originator, servicer and SPV counterparties to align on closing and post-closing steps.