Sanacja proceedings — is this a lifeline for your company?
- #sanacja
- #restructuring
- #crisis
What sanacja gives you
Once a court opens sanacja proceedings (Polish reorganisation procedure):
- enforcement against company assets is suspended,
- key contracts cannot be terminated (lease, leasing, supply),
- you have up to 12 months to draft a plan and obtain creditor consent.
In plain terms: the court stops the clock for a year, and you save the company.
Who can file
Any business owner facing threat of insolvency or already insolvent. The application can be filed by:
- the debtor themselves (most common),
- a creditor,
- a shareholder holding at least 1/5 of the capital.
Three conditions for sanacja to work
1. A realistic recovery plan. Not a wish list. The court has to see how the company will regain solvency — through changes to the business model, cost reductions, asset sales or new financing.
2. Creditor consent. A majority representing at least 2/3 of total claims must approve the plan. Without that — sanacja flips into bankruptcy.
3. Court-appointed administrator. A court-appointed administrator runs (or co-runs) the company. Your control is limited.
When sanacja does NOT make sense
- You have no concept for how the company will earn money post-restructuring.
- The core problem is the market (not operational).
- Creditors have lost trust and won't accept any haircut.
In those cases, bankruptcy is the better option — faster and more orderly.
The arrangement procedure — an alternative
If the problem is smaller, consider the arrangement procedure (postępowanie układowe) — shorter, less invasive, and you keep full control. Fits roughly 70% of cases where the company isn't in deep crisis.
We advise on choosing the right procedure and run the full process together with insolvency and restructuring lawyers. The first conversation is always confidential and free.