Działalność nadzorcy układu jako usługi na rzecz restrukturyzowanego dłużnika
The activity of the arrangement supervisor as services provided for the benefit of the debtor subject to restructuring proceedings

Summary/Abstract: The Superintendent is a new institution introduced by the Restructuring Law to one of the four restructuring proceedings, specifically the proceedings for approval of the arrangement. The function of the supervisor of the arrangement was introduced alongside the court supervisor and the administrator, which gives it the character of the authority of the proceedings. However, it is a special function that is substantially different - if not competency, with systematic certainty - from the well-established function of the forensics supervisor. The superintendent acts on the forefront of court proceedings. The debtor himself chooses the supervisor of the arrangement, out of court control and without the influence of creditors. The supervisory authority's competence is governed by the law, but it operates on the basis of an agreement with the debtor and its presence does not limit the debtor's ability to manage assets. These differences make the supervisory function of the system and its role in the restructuring process more demanding. Both from the perspective of the corrective purpose of the procedure for approval of the agreement and in the context of recognition supervisor of the arrangement as the service provider (restructuring advisor) acting on the order of the debtor.

• Details
• Contents