Marta Kawecka

Senior Associate
Norton Rose Fulbright Piotr Strawa and Partners, Limited Partnership

Marta Kawecka

Marta Kawecka

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Biography

Marta Kawecka is a banking and finance lawyer based in Warsaw. She focuses on advising financial institutions on a broad range of issues, including banking insurance regulations and supervision, secured lending and borrowing, project finance, acquisition finance, consumer finance and financial markets. She also advises insurance companies in relation to regulatory aspects, insurance products and distribution. In addition to that, her practice focuses on bankruptcy law and personal data protection.

Her experience includes high-profile projects involving crude oil monetisation and securitisations of loans for major banks and other types of creditors. For over a year she was seconded to ACE European Group Limited Branch in Poland. She is also a knowledge managing lawyer in the Warsaw office.


Professional experience

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  • University of Warsaw (Faculty of Law).
  • University of Warsaw (Faculty of Economic Sciences).
  • Since 2010 she has been a member of the Bar of Legal Advisers.

  • Legal adviser (Radca prawny) 2010
  • Bank Zachodni WBK S.A., Bank PEKAO S.A. and Kredyt Bank S.A. in relation to PLN 120 million secured financing for Hoop Polska sp. z o.o. (a leading Polish soft drinks producer)
  • AIG Bank Polska S.A. on a number of bilateral unsecured loan facilities involving major international financial institutions
  • Polski Bank Przedsiębiorczości S.A. (previously WestLB Polska S.A.) in relation to a PLN 60 million secured loan for Bioton S.A. (a leading Polish biotechnological company)
  • Bank Millennium S.A. and Bank BPH S.A. in relation to PLN 72 million secured refinance facilities for Hoop Polska sp. z o.o.
  • Mezzanine Management on PLN 57 million secured loan for Prime Car Management S.A. (a fleet management company and owner of the Masterlease brand)
  • HSBC Bank Polska S.A. in relation to the intended transformation into a branch of a EU licensed credit institution
  • HSBC Bank Polska S.A. in relation to determination of capital adequacy requirements and a number of other regulatory matters
  • HSBC Bank Polska S.A. on standard documentation for mortgage loans
  • HSBC Bank Polska S.A. on standard documentation for corporate banking transactions, including credit facilities, security and bank accounts
  • Rabobank Polska S.A. on a standard payment matching agreement
  • Biz Bank S.A. (previously FM Bank S.A.) on large exposure limits in the light of the newly introduced CRR and CRD IV requirements.
  • Powszechna Kasa Oszczędności Bank Polski S.A. in relation to opening of its branch in Germany.

 

Debt instruments

  • Goldman Sachs, ING Bank, J.P. Morgan, Danske Bank and Nordea Bank as initial purchasers and bookrunners on high-yield bond offering of Paroc Group Oy (a building materials producer operating in a number of jurisdictions, including Finland, Sweden, Baltic States and Poland) as well as ING Bank, Danske Bank and Nordea Bank as arrangers on a related revolving credit facility for Paroc Group Oy. The funds raised were used for refinancing of Paroc Group's existing funding arrangements (consisting in existing bonds issue and facility arrangements). The debt offering comprised EUR 200m fixed rate senior secured notes and EUR 230m floating rate senior secured notes.
  • J.P. Morgan and Bank of America Merrill Lynch as global coordinators on EUR 900m high-yield bond offering of P4 sp. z o.o. (Polish Mobile Network Operator MNO operating under the "PLAY" brand). The funds raised were used for refinancing PLAY's existing funding arrangements and distribution to PLAY's shareholders.

Acquisition finance

  • Bank Zachodni WBK S.A., Bank PEKAO S.A. and BAWAG P.S. K. on Euro 100 million acquisition financing for Cersanit Group (a leading Polish ceramics producer)
  • Bank Zachodni WBK S.A. on PLN 185 million financing of the acquisition by Enterprise Investors (a US private equity fund) of Jaan Automotive Group (an independent Polish business dealing with automotive glass sales, fittings and repairs)
  • BRE Bank S.A. and Bank Zachodni WBK S.A. in relation to PLN 240 million secured refinance and acquisition facilities for  MNI Group (a leading Polish telecommunication group) and subsequently in relation to restructuring of the above financing
  • Mezzazine Management on a EUR 38 million mezzanine loan agreement and related equity investment in three Polish health clinic operators: Lux Med, Medycyna Rodzinna S.A. and Centrum Medyczne LIM sp. z o.o.
  • Mezzanine Management on an EUR 15 million mezzanine loan agreement and related equity investment in Aasa Polska S.A., a non-bank loan provider and subsequent restructuring of the above loan.
  • Bank Polska Kasa Opieki S.A. on a PLN 660 million facility advanced to Vectra S.A. for the purpose of acquisition of shared in a listed company.

Project finance

  • KBC Bank NV in relation to its senior financing of a 42MW wind farm located in Suwałki in Poland
  • Hypo- und Vereinsbank AG on Polish aspects of EUR 600 million loan facility for Progroup (corrugated sheet producers)
  • Mezzanine Management with respect to EUR 21 million loan for the purpose of development of radiotherapy centers in Europe, including one in Cracow

Real estate finance

  • Bank Zachodni WBK S.A. in relation to the financing of five shopping centres in Poland
  • Bank Zachodni WBK S.A. on the financing of a number of residential and commercial property projects
  • BREL-IMMO sp. z o.o. (Commerzbank Group) on a EUR 39 million acquisition of the MBC office building and its subsequent lease to the previous owner
  • BREL-PRO sp. z o.o. (Commerzbank Group) on a sale and leaseback of a chain of multiplex cinemas (Multikino) located in Poland's biggest cities
  • HSBC Bank Polska S.A. in relation to the financing of two shopping centres in Gdynia and Jelenia Góra
  • Subsidiaries of Panattoni Poland sp. z o.o., member of the Panattoni group, a leading commercial real estate development company in a number of property finance transactions in Gdańsk, Łódź, Warszawa, Pruszków
  • Bank Polska Kasa Opieki S.A. on financing of development of a hotel to be operated under Hilton brand
  • Raiffeisen Bank Polska S.A. on PLN 40 million financing of the development of a medical centre in Gliwice (transaction in progress)

Transport & infrastructure

  • The Royal Bank of Scotland in relation to the financing of the construction of three ships in a Polish shipyard
  • Port Lotniczy Lublin S.A. with respect to the issue of PLN 180 million bonds for the purpose of development of Swidnik airport
  • DVB Bank SE in relation to the financing and refinancing of eight ships for the subsidiaries of Żegluga Polska S.A.
  • The Royal Bank of Scotland in relation to guarantees issued in favour of the European Investment Bank to secure financing of high speed rolling stock.

Commodity and trade finance

  • Alior Bank S.A., Raiffeisen Bank Polska S.A. and mBank S.A. in relation to PLN 300m trade finance agreement with Hermes Energy Group S.A., a gas trading company, consisting in syndicated guarantee and LC facility, term loan, reverse factoring and related hedging arrangements.
  • Bank Polska Kasa Opieki S.A., BNP Paribas S.A. Oddział w Polsce, Societe Generale S.A. Oddział w Polsce, RBS Bank (Polska) S.A., The Royal Bank of Scotland N.V. in relation to a USD 150 million financing of the market value of strategic fuel reserves maintained by J&S Energy S.A.
  • Bank Zachodni WBK S.A., Bank Pekao S.A. and Kredyt Bank S.A. in relation to secured lending in the amount of PLN 120 million for Hoop Polska sp. z o.o. a leading Polish beverage producer and, subsequently advising Bank Millennium S.A. and Bank BPH S.A. on refinancing of the above.
  • The Royal Bank of Scotland in relation to EUR 50 million monetisation of rapeseed reserves of Elstar Oils S.A. (a leading Polish edible oils producer)
  • The Royal Bank of Scotland in relation to four monetisation transactions of strategic crude oil reserves of PKN Orlen S.A. (each of over USD 300 million in nominal value)
  • Societe Generale S.A. in relation to a potential monetisation of crude oil reserves of a leading Polish fuel company

Securitization / sale of receivables

  • Bank Millennium S.A. (Polish subsidiary of Banco Comercial Português) on a disposal of its distressed corporate and SME receivables portfolio for a nominal value of PLN 600 million and (in a separate transaction) its distressed consumer receivables portfolio for a nominal value of PLN 180 million
  • ING Bank Śląski S.A. on the disposal of its distressed corporate loan portfolio and SME receivables portfolio for a nominal value of PLN 660 million
  • Bank BGŻ S.A. (Polish subsidiary of Rabobank) on the disposal of its distressed corporate loan portfolio for a nominal value of PLN 485 million
  • HSBC Bank Polska S.A. on its renewable distressed bank receivables sale program
  • Bank Zachodni WBK S.A. on legal risks related to the entry and performance of a sub-participation agreement
  • BRE Bank S.A., the Polish subsidiary of Commerzbank AG, in connection with a tender process relating to a disposal of the consumer non-performing loans portfolio branded mBank and MultiBank. The total face value of the portfolio was PLN600 million and the price offerred by Kruk S.A. for the portfolio is one of the highest purchase prices received for a non-performing loans portfolio in the history of the Polish market
  • BRE Bank S.A. in relation to a forward flow agreement involving tranches of the Bank's distressed receivables
  • ING Bank Śląski S.A. on the securitisation of its PLN 300 million distressed receivables portfolio of corporate loans
  • Provident Polska S.A. and IPF Financial Services limited (leading non-bank lenders on the Polish market) in relation to the disposal of distressed receivables portfolios of PLN 1.3 billion nominal value
  • ING Belgium NV/SA on Polish aspects of a multijurisdictional securitisation of trade receivables programme

Derivatives

  • Paged Meble S.A. (a leading Polish furniture producer) on restructuring of currency derivatives
  • Zakłady Chemiczne POLICE S.A. (a leading Polish chemical company) on restructuring of currency derivatives portfolio

Insurance

  • Bank Zachodni WBK S.A. in relation to setting up two insurance companies under a joint venture project with Aviva and distribution of insurance products
  • AIG Bank Polska S.A. on regulatory aspects of bankassurance business
  • AIG Bank Polska S.A. on standard documentation for consumer credit facilities and group life insurance
  • Secondment at ACE European Group Branch in Poland and advising ACE on all legal aspects of the insurance business in Poland, including regulatory issues, insurance mediation, development of insurance products and reinsurance
  • Bank Zachodni WBK S.A. (Polish Santander Banco subsidiary) on setting up a bankassurance business in Poland
  • Platinum Life S.A., a South African insurance mediator, on establishment of a Polish subsidiary and distribution of female cancer products underwritten by a Maltese insurer

Other financial services

  • Versatile sp. z o.o., a Polish supplier of cash optimisation solutions in relation to an innovative cash optimisation agreement with a number of Polish banks
  • International Foreign Exchange, a UK payment institution, on establishment of its Polish branch, regulatory issues and development of product directed to Polish clients

Bankruptcy

  • HSH Nordbank AG in relation to their shipbuilding contracts with a Polish shipyard and the consequences of the potential shipyard's bankruptcy
  • WestLB Bank Polska S.A. on potential bankruptcy of a Polish investment fund
  • RBS Bank (Polska) S.A. in relation to bankruptcy proceedings and enforcement of claims under currency options

Litigation

  • HSBC Bank Polska S.A. in arbitration proceedings concerning the financing of Trinity Group (a leading shelf companies provider)
  • Centrum Finansowe Banku BPS sp. z o.o. in arbitration proceedings concerning the validity of receivables sale agreements

Knowledge

Open banking around the world

Publication | June 26, 2019

Senior management responsibility

Thought leadership | August 22, 2018

Poland

Thought leadership | June 25, 2018