Polish Restructuring Voting Form – Guide for Foreign Creditors
If you’re a foreign creditor and have received a Polish restructuring voting form from a debtor, then this guide is for you. It explains what the document means and what actions you can take. Although the Polish restructuring process may seem unfamiliar, it offers important rights that you can exercise to protect your interests.
In Poland, there is a clear distinction between restructuring proceedings and bankruptcy proceedings. While bankruptcy typically results in liquidation, restructuring aims to preserve a functioning business. As a result, creditors are usually expected to receive higher satisfaction of their claims than in bankruptcy.
What Is a Voting Form?
You’ve likely received a form titled “Voting Card” or “Card for Voting on the Arrangement.” This form indicates that the debtor has entered a Polish restructuring proceeding. As a result, you, as a creditor, are entitled to vote on the proposed arrangement.
The document includes:
Your name and address (as known to the debtor)
The amount of your claim, as acknowledged by the debtor (this may serve as recognition of debt in potential litigation)
The debtor’s identification details
The supervisor’s details (nadzorca układu) – often including an email address
Please note: the amount of your claim is stated in Polish złoty (PLN). This does not mean that your debt has been converted from its original currency. It is only a technical requirement of the Polish restructuring system. It does not change the actual currency of your receivable under substantive law.
You can also contact the supervisor directly to request any documents or clarifications you need to make an informed decision.
What Should You Do First?
While the voting form is the primary document sent to creditors, you should also aim to obtain the following materials:
The Restructuring Plan – which outlines the debtor’s financial condition, the causes of insolvency, the proposed recovery measures, and financial forecasts.
The Supervisor’s Opinion – prepared by the restructuring advisor appointed by the debtor in accordance with Polish law to oversee the proceeding. This document provides an assessment of the feasibility and credibility of the proposed restructuring plan.
The List of Creditors – which shows how your claim compares to others and what proportion of creditors support the proposed arrangement.
These documents are typically available in the Polish National Register of Debtors (KRZ). Access to the KRZ requires authentication, such as a trusted electronic signature or Polish e-ID. For this reason, foreign creditors usually rely on legal representatives based in Poland to obtain the necessary materials. Additionally, the platform operates exclusively in Polish, which poses a further barrier to direct access. For these reasons, it is strongly recommended that foreign creditors engage a Polish legal advisor who can retrieve and review the relevant documents on their behalf.
How to Make an Informed Decision?
Before casting your vote, consider the following practical questions:
Is the proposed restructuring plan financially realistic and achievable?
Is the debtor currently paying ongoing obligations, such as invoices from suppliers or service providers?
Has the debtor contacted you in the past to inform you about liquidity problems? Have they discussed any difficulties in meeting payment deadlines?
Is the proposal regarding your specific claim satisfactory in terms of repayment terms, amount, and timing?
How does the proposed treatment of your claim compare to that of other creditors? Are you being treated fairly in proportion to your legal status and the nature of your claim?
As a foreign creditor, are you being treated equally, or does your status raise concerns about unequal treatment or access to information?
Taking the time to evaluate these factors carefully will help you determine whether supporting the proposed arrangement serves your financial interests and ensures fair treatment in the process.
What Are Your Rights as a Foreign Creditor?
Even as a non-Polish creditor, you are entitled to the following rights:
access to key documents related to the case,
the ability to cast a valid vote on the proposed arrangement,
the right to contact the arrangement supervisor for information or clarification,
the right to challenge the court’s approval of the arrangement — but only if you exercised your right to vote.
If you do not vote, you lose the right to object to the arrangement or to appeal the court’s decision.
Need Assistance?
We support foreign creditors in both restructuring and bankruptcy proceedings conducted under Polish law. Here’s how we work:
Email us at: kontakt@lexconcept.pl
Attach the documents you received – especially the voting form, notice of voting, or any letters from the court, supervisor, or trustee.
We will review the case and offer one of the following two service options:
Analysis and Recommendation – a comprehensive assessment of the restructuring proposal or bankruptcy proceeding, based on the available documents. This option includes full legal representation throughout the process. You will be regularly informed about key developments, upcoming deadlines, and any situations we believe require your input or decision.
Vote Submission Only – if you prefer a simplified solution limited to issuing a power of attorney for voting purposes, without further involvement.
We will prepare the power of attorney. We will also guide you through the process of providing the required company documents (e.g., a current registry extract and proof of signing authority). If needed, we can also assist in arranging certified translations of the necessary documents.
The entire process usually takes 2–3 business days. However, timing is critical. Deadlines for voting or filing claims are strictly defined, and failure to meet them may result in serious consequences:
In restructuring proceedings, you may lose your voting rights and any influence over the arrangement.
In bankruptcy proceedings, missing the deadline may result in exclusion from participation in the distribution of the debtor’s assets, meaning you may receive no recovery at all.
Why Timing Is Critical
The deadline for submitting your vote is legally binding and clearly stated in the notice you received.
If your vote is submitted too late, it will not be counted — regardless of the reason.
In addition, if you don’t vote on time, you may lose the right to challenge the court’s approval of the arrangement.
For this reason, it’s important to act quickly and with proper legal support.
We’re here to help you meet the deadline and protect your rights as a creditor.
Contact Us
Email: kontakt@lexconcept.pl
We act fast, efficiently, and with a strong understanding of Polish restructuring and bankruptcy law.
Whether you need a full legal analysis or just want us to handle the vote submission process, we’re ready to represent you in Poland.
Don’t worry if you’re not confident in English — you can write to us in your own language.
We’ll do our best to understand your message and help you.
To get started, simply send us the documents you’ve received. We’ll reply quickly with the next steps.
