Security of receivables
Obtaining a claim for payment does not provide any certainty of receiving it. The establishment of security serves to strengthen the chances of satisfying the creditor’s interest. Their appropriate selection, establishment and implementation are, however, subject to many legal restrictions, which the creditor should take care of in advance so that the security can be effectively implemented. The impact of possible future events on security is also important, such as changes in the secured legal relationship (even taking into account its invalidity), or the opening of bankruptcy or restructuring of the debtor. It is necessary to meet specific conditions in the process of establishing security so that it can be implemented later despite the occurrence of these various events changing the situation of the personal debtor or the owner of the subject of security.
Selected experience
- we drafted contracts and prepared opinions on the establishment and implementation of property rights, such as mortgages, registered pledges, ordinary pledges on various items, including enterprises, real estate, financial instruments, digital assets, and receivables
- we advised on the selection, establishment, and shaping of the content of security on various rights, from financial instruments, enterprises to digital assets
- we issued opinions on the implementation of property security in bankruptcy and restructuring proceedings for the benefit of the parties to the proceedings, as well as trustees, administrators, and administrators
- we advised on bill of exchange proceedings for payment, on the exercise of rights from bills of exchange, trading in bills of exchange, and issuing/accepting bill of exchange security
- we advised on proceedings involving guarantors responding on various terms,
- the members of the law firm’s team have been providing services in the field of civil law, including property law, and its interface with other areas of law, for over 20 years
- we have operated and we work for the largest entities on the market, including banks, local government units, trustees, factoring companies, public institutions, and we also provide external advice to law firms serving entrepreneurs
- we have provided opinions on strategies for court and arbitration proceedings in civil and commercial cases worth up to several dozen billion złoty
- we also support smaller entrepreneurs both incidentally and in ongoing service
We provide
- expert opinions for internal needs of entrepreneurs or for court proceedings
- audits of legal status of real estate
- drafts of contracts, including notarial deeds, and contract templates (for business and consumer relations)
- risk assessments for internal control purposes and for auditors
- verifications (audits) of compliance with regulations, analysis of legal risks
- preparation of strategies for court disputes
- drafts of procedural documents
- representation before administrative and supervisory bodies
- representation in court and arbitration proceedings
- participation in arbitrations as arbitrators indicated by the parties