The lack of sufficient support tools weakens already underperforming actors. Furthermore, it discourages the use of the restructuring path, which may have negative consequences in the future.
Adam Abramowicz, Ombudsman for Small and Medium Entrepreneurs (SMEs), on 4 June this year asked the Deputy Prime Minister to allow entrepreneurs in restructuring to use the support provided for by the crisis shield.
The purpose of the Act is to provide the entrepreneurs with the support necessary for the maintenance and continuation of the economic activity threatened by economic consequences arising from the prohibitions introduced under separate provisions and restrictions caused by the epidemic.
The Act does not apply to persons who have been declared bankrupt and to those to whom the restructuring procedure has been opened. In these two the support procedure laid down in the Act shall be suspended pending their final consideration. It's a rule.
Article 2(3) The Act, which reads: ‘the legislation does not apply to the undertakings to which the bankruptcy has been declared and to the undertakings to which the restructuring procedure has been opened’.
The SME spokesperson points out that such a provision is, as it were, ‘killing down’.
Restructuring refers to ‘entrepreneurs who have responded adequately and in a timely manner to their financial situation have initiated a formal judicial restructuring procedure and have taken legal measures to avoid bankruptcy and to rescue their business’. Depriving this group of support is a highly harmful and even unethical action.
Ombudsman asks to change the record Article 2(3) Special. The new regulation could provide that "the laws do not apply to undertakings for which bankruptcy has been declared and those who have applied for bankruptcy and have not applied for restructuring proceedings".