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In Romania, even the most optimistic estimates show that only a handful of companies (less than 10%) manage to reorganize through insolvency, as previously regulated by Law 85/2006 and then by Law 84/2014 on insolvency prevention and insolvency proceedings (“Law 85/2014”).

The landscape of cross-border reorganisations in Poland has undergone significant changes with the amendments to the Code of Commercial Companies, effective as of 15 September 2023. The revisions introduce a pivotal element – the requirement for a certificate of compliance with Polish law for cross-border reorganisations.

The recent amendments to the Code of Commercial Companies (CCC) introduced on September 15, 2023, have prompted a review of the Polish Tax Ordinance System Act, stemming from concerns raised by tax advisers regarding potential discrepancies in the tax laws that may lead to interpretational disputes between taxpayers and authorities.

The new provisions of the Code of Commercial Companies, which came into force on 15 September 2023, include a number of changes regarding cross-border and domestic mergers, divisions and conversions of commercial law companies. This is yet another major amendment to the Act, introduced less than a year after a significant amendment specifically concerning the formation and operation of capital groups, as well as changes to the rules of operation of company bodies, came into force.

The amendment to the Code of Commercial Companies (CCC), which came into force on 15 September 2023, introduced the possibility of dividing commercial companies by separation – that is, in essence, the creation of subsidiaries within which property can be transferred using the principle of general succession. A number of changes have also been introduced with regard to international and domestic mergers.

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