During the workshop, experienced legal counsels – experts in banking practice and litigation against banks – will share their practical knowledge of difficult aspects of relations with banks; they will explain how legislation protects the bank customers and present examples of the agreement execution and resolution of disputes with banks. Issues common in credit agreements and bank account agreements will be the main topics to be discussed; however, the presented examples and comments will also concern other agreement types and banking transactions. The role of a legal counsel in reducing the risks involved in transactions between companies and banks will also be presented.
Preliminary agenda:
1. Introduction
- Banks and their customers in the time of crisis
- The most important legal regulations
- Foreign banks operation in Poland
2. Entering into agreements with the banks
- Selection of a bank
- Selection of a legal counsel
- Issues crucial before an agreement is signed
- Discussion of certain clauses appearing in agreements with banks
- Is it possible to negotiate an agreement with a bank?
3. Bank agreement execution
- The way the law and agreement provisions protect bank customers
- Practical aspects of the agreement execution
- Things to do when problems arise
- Is it always the customer’s fault?
4. Resolution of disputes with the banks
- Bank as a party to a dispute with its own customer
- Internal bank procedures
- Arbitration
- Litigation
- How to reach a compromise with a bank?
- Examples of successfully resolved disputes with the banks
5. Final comments and discussion
Workshop addressees:
Management, financial directors, companies’ lawyers and other persons who:
- plan to enter into an agreement with a bank and/or provide security for a bank, negotiate terms and conditions of such an agreement,
- are in the course of executing an agreement with a bank and want to better understand their legal situation,
- are involved in a dispute with a bank or expect such a dispute,
- are in a situation when a bank initiates steps to enforce claims or files a bankruptcy petition,
- do not know the recent regulations concerning relations between banks and their customers (e.g. they do not know the new rules regarding transfers),
- are interested in practical aspects of relations with banks.
The speaker’s biographical note:
Marek Musioł is a legal counsel having over 20 years of practical experience in providing legal services to companies. Following his judicial apprenticeship and legal counsel exam, he worked in offices of international law firms in the United States and London (Clifford Chance, Companies Department), as well as in Polish law firms.
Since 1994, he has been a head of the team of Marek Musioł Law Office in Warsaw. Marek Musioł Law Office has been for many years classified in the most important Polish law firm rankings, including the International Legal Experts and Legal500 of London Legalease publication (in corporate, commercial, M&A and dispute resolution categories). In the 2011 legal expert ranking of “Rzeczpospolita”, Marek Musioł took the second place in Poland in the category of lawyers dealing with the bankruptcy law and restructuring proceedings. The legal practice of Marek Musioł is focused on the issues of business law, including in particular legal services related to capital, financial and commercial transactions, company law, restructuring of companies, real estate business and civil law. It also includes lawsuits in business, civil and criminal cases (within the framework of representation of the companies as the injured parties-subsidiary prosecutors).
Marek was also an arbitrator in the Court of Arbitration at the Polish Chamber of Commerce in Warsaw. He advised many customers in difficult relations with banks and conducted precedential and extensively commented law cases against Polish and foreign banks.
Iwona Mirosz is an attorney at law specialises primarily in banking and finance. She has worked as a head of legal and compliance at Svenska Handelsbanken AB Branch in Poland for over 8 years. Her experience also includes working at Bank Handlowy in Warsaw as counsellor, deputy head and head of the Legal Department.
Iwona’s legal experience includes: the establishment of a bank as well as a credit institution’s branch; liquidation of a bank; preparing documentation on all bank-related matters; and main responsibility for a bank compliance function. She also led a number of transactions both on domestic and international market.
She contributes articles to Rzeczpospolita, Dziennik Gazeta Prawna and Gazeta Finansowa on current issues in banking and compliance. She is regularly invited to speak on various legal and procedural issues relating to banking law and compliance both to commercial conferences and professional organisations. For her contribution for development of the Polish banking law and practice she was distinguished by the Polish Bank Association.
Iwona studied law at the Warsaw University. She completed a Study on English and EU law organised by the University of Cambridge.
Registration and cost:
In order to register for this event, please complete the form below. Alternatively please send your name, job title and invoice details to .
Cost:
BPCC Members: 200zł + VAT
Non-members: 300zł + VAT
Contact:
Kamila Kozłowska,
Tel: +48 22 622 27 54
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