Fakty Komentarze Analiza (Facts Comments Analysis) l New rules of issuing the bank enforcement title and carrying out enforcement against a debtor of a bank

What’s new in law, and what should we be aware of? We recommend the third issue of our information bulletin to you.

Facts

The Sejm has received the draft amendments to the Banking Law and the Code of Civil Procedure, which are to change the rules of enforcement based on the bank enforcement title. Although the draft regulation has only reached its first reading, it is already quite controversial.  

The first reading of the draft amendments to the Banking Law and the Code of Civil Procedure took place in the Sejm. The amendments aim to increase awareness among people and business entities that use banking services.

Comments

In order to increase the protection of people and business entities that use banking services, the draft regulation imposes new obligations on banks. However, the draft does not clearly stipulate the scope of duties of a bank and it includes unfounded exceptions to the general rules of enforcement procedure.

Despite its praiseworthy aim to protect the rights of customers using bank services, the bodies assessing the new regulation have been rather negative about it. We share this opinion. 

Analysis

What obligations must a bank fulfil in order to be able to conduct an enforcement procedure on the basis of the bank enforcement title? How should the bank proceed in a case where the debtor has filed a declaration on submission to enforcement based on the bank enforcement title under current regulations?

The full version of the bulletin can be found here.

If you need tailored advice please contact:

Leszek Rydzewski, advocate, partner in the financial institutions and restructuring department

Dr Aleksandra Pokropek, attorney-at-law, senior associate in the financial institutions and restructuring department