Restructuring Farm-Running Entities – Legal Aspects

The Act of 9 November 2018 on debt restructuring for farm-running entities introduced, into Polish law, certain instruments aimed at improving the financial liquidity of agricultural enterprises, which are insolvent or threatened with insolvency, and ultimately, enhancing their competitiveness in the EU market. These instruments consist of providing state aid in the form of subsidies to the interest of restructuring loans or loans for financing the repayment of debt arising in connection with conducting agricultural activity, as well as providing by the National Support Centre for Agriculture (KOWR) state aid in the form of guarantees securing the repayment of the restructuring loan, and taking over by KOWR a farm-running entity’s debt arising in connection with conducting agricultural activity in exchange for the transfer of ownership of their property to the State Treasury. The solutions enacted function in parallel to the possibility of making an arrangement with creditors and effecting remedial actions based on the provisions of Restructuring Law. The aim of the article is to evaluate the enacted regulations from the point of view of their consistency with the provisions of Restructuring Law, their compliance with the principles and objectives presented in the justification of the bill, and the expected results. Interpretation of intent and systemic interpretation of legal acts was used, with the application of historical and logical methods. Following the analysis carried out, it was concluded that with the regulations currently in force, the objectives of the act assumed by the legislator and the anticipated results will not be achieved in full.