LEASING

Our law firm advises leasing companies by supporting their risk departments, providing anti-fraud training, managing security processes and conducting pre-litigation, court and restructuring debt recovery proceedings.

[ What We Do ]

ONGOING LEGAL SUPPORT

ongoing support for leasing companies—including legal opinions, day-to-day enquiries and consultations—and their individual departments and organisational units;
ongoing support in relation to active agreements, including annexes, amending agreements and terminations;

CONTRACT TEMPLATE MANAGEMENT

legal supervision of the contract templates used by leasing companies, particularly leasing agreements and terms and conditions or general leasing terms (OWL);
legal audits and improvement of legal documentation;
management of other templates, including various agreements relating to intermediation, B2B cooperation, HR and employment.

SECURITY

Establishing and releasing security for receivables, including:

mortgages, including registrations, amendments and mortgage release documents;
registered pledges, including registered pledge agreements, registrations and releases;
promissory notes and avals, including issuance and individually tailored amendments to promissory-note agreements and declarations;
global assignments, assignments of rights under insurance policies and security assignments;
declarations of voluntary submission to enforcement;
powers of attorney relating to bank accounts;
other forms of security, including bespoke solutions such as rights of first refusal, pre-emption rights and transfers of ownership by way of security.

TRAINING

Employee training in the prevention of leasing fraud.

RISK DEPARTMENT SUPPORT

Supporting the leasing company’s risk department in its analyses and decisions concerning leasing limits by obtaining and legally analysing information and identifying legal risks. This may include obtaining copies of and reviewing a company’s National Court Register files before granting or increasing a limit, examining pledge-register data and other databases, reviewing corporate relationships, conducting background checks and auditing the legal status of real estate offered as security.

LITIGATION

Litigation involving claims against:

lessees;
guarantors and in rem debtors;
persons liable for a debtor’s obligations, such as management board members or shareholders;
parties in unusual cases;
defendants in actio Pauliana proceedings;

CRIMINAL CASES AND FRAUD

representing leasing companies as injured parties in criminal proceedings;
investigating and uncovering fraud;
preparing notifications of suspected criminal offences;
conducting criminal cases and supporting law-enforcement authorities in bringing charges;
negotiating settlements before law-enforcement authorities;
enforcing obligations to remedy damage;
supporting the management of sentence enforcement;
filing subsidiary indictments and conducting criminal proceedings as an auxiliary prosecutor.

DEBT RECOVERY

pre-litigation debt recovery;
court debt recovery proceedings;
enforcement proceedings conducted by enforcement officers;
non-standard and creative debt recovery, including complex seizures of receivables, security obtained before proceedings are commenced and lawful forms of corporate pressure.

[ Experience and Selected Projects ]

SELECTED FRAUD CASES INVESTIGATED (1/2):

Securing the filing of an indictment in a case involving the sale and leaseback of a foundry production line based on a fictitious valuation of the leased asset;
Uncovering fraud at a printing company employing nearly 200 people, obtaining the only final conviction in proceedings separated into an individual case despite most related cases being suspended following the perpetrator’s flight abroad, and winning civil damages proceedings for a false certification made by the debtor’s president;
Recovering receivables from an entrepreneur in a sector supporting power-generation units by securing a compulsory mortgage shortly before the business was transferred to a newly established company in an attempt to move assets beyond the reach of numerous creditors;
Securing a partial conviction and recovering half of the receivable in a leasing fraud case in the food industry;

SELECTED FRAUD CASES INVESTIGATED (2/2):

Recovering a receivable relating to compensation paid by an insurer for a leased asset destroyed by fire;
Detecting and locating altered identification plates on leased assets and uncovering fraud involving equipment whose market value and specifications were lower than declared, followed by the repossession and settlement of the leased assets;
Securing the conviction of a management board member of a leased-asset supplier who transferred assets as part of an organised group involved in fraudulently obtaining financing from leasing companies;
Participating in the investigation and physical recovery of leased assets in Poland’s largest leasing fraud case in the food industry;