Przymusowa restrukturyzacja banku — blaski i cienie „nowej” instytucji
Compulsory Bank Restructuring — the Pros and Cons of the „New” Institution

Summary/Abstract: The institution of compulsory restructuring, which can be classified as a restructuring measure, is a significant reinforcement of a number of regulations collectively referred to as banking prudential standards that safeguard financial stability. This stability, although there is no uniform definition in the doctrine, can be perceived as a specific public good. It is worth emphasizing that the current shape of the institution of compulsory restructuring strongly undermines or destroys the usefulness of the still applicable, although practically rarely used, institution of bank bankruptcy. However, previous experience related to forced restructuring shows that deficiencies in capital diversity or diversification prevent fully effective bank restructuring. This translates into the need to involve, even indirectly, public funds, which proves that there is a certain conflict with the objectives of the BRRD directive. The aim of this article is to provide an analysis of the legal provisions governing the conditions that allow for the initiation of compulsory restructuring. Such an analysis will allow for comparing the legislator’s goal with the possible consequences that may result from maintaining compulsory restructuring in its current form.

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