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Company Bankruptcy in Poland - How to Protect Your Business in Times of Crisis?

86% of Polish businesses fear for their future. Learn the legal ways to protect your business from bankruptcy and insolvency. Contact our firm!

6 min readGlobal Tax Partners team
Company Bankruptcy in Poland - How to Protect Your Business in Times of Crisis?

Polish businesses on the brink - alarming results of the 2026 CRIF survey

The latest CRIF survey, "Banking on Banks 2026. Financial services in times of uncertainty”, paints a worrying picture of the condition of Polish business. As many as 86% of Polish entrepreneurs fear for the future of their business, and one in three (36%) believes that their company will not survive another decade. These figures are not abstract statistics - behind every percentage point there are real companies, jobs and families.

The most frequently cited concerns were rising operating costs (39%), higher business insurance costs (23%), falling profits (20%) and - particularly significant from a legal perspective - loss of financial liquidity (19%). Loss of liquidity is, under Polish law, one of the key grounds for declaring a business bankrupt.

As Kamil Gosławski, a CRIF Polska expert, stressed, 58% of Polish entrepreneurs believe they are living through the most difficult times for doing business that they can remember - in terms of both economic and geopolitical developments. This is a signal that business owners should be thinking about the legal protection of their operations now.

Loss of financial liquidity, which one in five surveyed entrepreneurs fears, is a concept closely tied to insolvency and restructuring law. Under Polish law, a debtor is insolvent if it has lost the ability to meet its due financial obligations. In the case of legal entities, an additional test applies: where financial obligations exceed the value of assets.

It is crucial that business owners do not wait until the last moment to react. Restructuring law offers a range of tools that can save a company from bankruptcy if they are put in place early enough. The most important are:

The choice of the right path depends on the individual situation of the business. That is why early consultation with a law firm specialising in insolvency and restructuring law is so important - before financial problems become irreversible.

Global tensions and business decisions - how does the law protect investments?

The CRIF survey also reveals that 76% of Polish entrepreneurs believe the global situation makes long-term planning harder for them, and 65% hesitate over whether to invest in growing their business. In response to these challenges, companies are taking specific action: 36% are revising their growth plans and suspending some investments, 32% are focusing on cost efficiency, and 25% are deploying artificial intelligence to reduce costs.

From a legal perspective, each of these decisions carries significant consequences. Suspending investments may require renegotiating existing contracts and analysing contractual penalty clauses or obligations towards counterparties. Cost cutting often involves reducing headcount, which in turn is subject to strict employment law provisions, including the rules on collective redundancies.

It is worth stressing that business owners should not take such decisions without a prior legal audit. Ill-considered moves - even when motivated by a rational desire to save money - can expose a company to costly litigation, employee claims or liability for damages towards business partners.

Liability of management board members for the company's obligations

Particular attention should be paid by members of the management boards of limited liability companies (sp. z o.o.). Under Article 299 of the Commercial Companies Code, if enforcement against the company proves ineffective, board members are jointly and severally liable for its obligations. The only ways to escape this liability include showing that a petition for bankruptcy was filed in good time. Delaying this decision may therefore mean personal financial liability for the board.

One of the most worrying findings of the CRIF survey is the scale of cyber threats. 64% of Polish entrepreneurs name cybercrime as one of the main threats to their business. Fraud is cited by 53% of respondents, and 60% encounter fraud attempts regularly. What is more, over half of respondents have seen attacks become more frequent over the past year.

In response to these threats, 37% of companies are deploying artificial intelligence as a tool for risk management and fraud protection. This is a positive trend, but technology will not replace a solid legal framework. Business owners should put in place several key elements of legal protection:

It is worth remembering that responsibility for data protection rests with the data controller, which is most often the business owner personally. A lack of adequate safeguards exposes the company not only to financial losses arising from the attack itself, but also to severe administrative and civil sanctions.

How to prepare your company for difficult times? Practical legal tips

The CRIF survey results clearly show that Polish entrepreneurs face unprecedented challenges. The combination of cost pressure, geopolitical uncertainty and growing cyber threats creates an environment in which professional legal support is no longer a luxury but a necessity.

Here are the key steps every business owner should consider in the current situation:

  1. Legal and financial audit of the company - regular assessment of the company's financial position makes it possible to detect early signs of insolvency risk.
  2. Review of contracts with counterparties - checking clauses on force majeure, price indexation and conditions for terminating the contract.
  3. Securing receivables - putting in place effective debt collection mechanisms and payment monitoring.
  4. Updating corporate documentation - adapting articles of association, internal rules and procedures to current business realities.
  5. Consultation with a restructuring adviser - if the company is experiencing the first signs of liquidity problems, it is not worth delaying.

Remember that restructuring is always cheaper and more beneficial than bankruptcy. The sooner a business owner seeks professional legal help, the greater the chances of saving the company, preserving jobs and protecting personal assets.

Don't wait until it's too late - contact us

If you are worried about the future of your business or are noticing the first signs of financial problems, do not delay seeking legal advice. Our firm specialises in insolvency and restructuring law and in legal support for businesses in crisis situations. We help companies through the most difficult moments - from negotiations with creditors, through restructuring proceedings, to comprehensive legal protection against cyber threats. Contact us today and secure the future of your company before it is too late.

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