Michal Rutkowski

Associate
Norton Rose Fulbright Dyczkowski and Partners, Limited Partnership

Michal Rutkowski

Michal Rutkowski

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Biography

Michał Rutkowski is a banking and finance lawyer based in Warsaw.

He focuses his practice on banking transactions, particularly those relating to acquisition finance, project finance and capital market transactions.

Prior to joining the firm in 2019, Michał was a clerk in district court.


Professional experience

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Faculty of Law and Administration, University of Warsaw

American Law Center, University of Warsaw (organised in cooperation with Georgia State University and Emory Law School).

Law - droit des affaires français et européen (French and European business & commerce law), Faculty of Law and Society Studies, University of Poitiers

Master professionnel 2 degree in French law, 2021

In his scientific research and conference speeches delivered at the country's leading universities, Michal focuses on banking law, commercial companies law, methods of creating securities interest and new technologies regulations on the financial market

Advising:

  • The club of banks comprising Bank Pekao S.A., Erste Group Bank AG, ING Bank Śląski S.A., PKO Bank Polski S.A. and Santander Bank Polska S.A. - in relation to a PLN 864m (€189m) financing for the solar power plant portfolio of R.Power Group. The transaction is the largest PV power plant financing in Poland so far and the proceeds will be used to build solar power plants with a total capacity of 299 MWp, which succeeded in the last year's Polish renewables support auctions.
  • Credit Suisse AG - on a $25m margin loan agreement made with a Polish citizen, secured over its shares in a company listed on WIG20. This transaction included a number of cross-border aspects related to the capital markets (in particular MAR Regulation), securities aspects, consumer law aspects, peculiar rules on recognition of foreign judgements under the relevant international conventions in relation to consumers, and private international laws. In particular, the unusual structure of investment account and requirements of a local custodian made it an interesting challenge to establish and perfect pledges over shares in a company listed on WSE for the benefit of Credit Suisse AG.
  • Inter Cars S.A. - on the transaction of extension, increase and reorganization of the senior facilities in the aggregate amount of approximately PLN 1.84bn. We acted as the leading counsel for Inter Cars S.A., other Polish Obligors from Inter Cars Group and Inter Cars Group Obligors located in ten different jurisdictions across Europe.
  • Powszechna Kasa Oszczędności Bank Polski S.A., Bank Polska Kasa Opieki S.A. and Santander Bank Polska S.A. as original lenders - on the PLN 1.6bn revolving facilities made available to MS Galleon AG, a holding company of certain production companies incorporated in Poland with subsidiaries in other European countries. The transaction included drafting and negotiating the Intercreditor Agreement governed by English law, preparing and negotiating the Polish law security package and coordinating works of local counsels.
  • One of the largest syndicates formed this year (Bank Polska Kasa Opieki S.A, mBank S.A, ING Bank Śląski S.A, Santander Bank Polska S.A, BNP Paribas Bank Polska S.A, Powszechna Kasa Oszczędności Bank Polski S.A) by domestic financial institutions - on a complex transaction involving financing up to PLN 1.5bn (€325m) for Polish, Russian, Romanian, Ukrainian and German companies from Cersanit Group. The Warsaw team drafted and negotiated complex financial documentation and coordinated cooperation with our Frankfurt office and other law firms from Romania, Russia and Ukraine.
  • One of the largest syndicates recently formed by domestic and international financial institutions - on complex financing arrangements for Grupa Vectra and Grupa Multimedia Polska members. Funding the purchase of all shares in Multimedia Polska S.A. by Vectra S.A. was a primary purpose of this syndicate, which included Bank Polska Kasa Opieki S.A., BNP Paribas Bank Polska S.A., EBRD, Powszechny Zakład Ubezpieczeń S.A., PZU Życie S.A., PZU FIZAN BIS 1, Bank Millenium S.A., DNB Bank Polska S.A., DNB Bank ASA, Santander Bank Polska S.A., ING Bank Śląski S.A., Credit Agricole Bank Polska S.A. and mBank S.A. The financing was arranged by BNP Paribas Bank Polska S.A. and Bank Polska Kasa Opieki S.A., and the latter additionally acted as agent and security agent. The lawyers in Warsaw drafted and negotiated complex financial documentation under English and Polish law and coordinated cooperation with the London office.

Michal has written a series of articles on contracts and capital markets published in Polish legal press.

  • The Effects of the Mandatory Dematerialisation of Shares Issued by Unlisted Joint Stock Companies – the Change of Share Form and its Influence on the Security Interest Established on Shares (TSBP Jagiellonian University Law Journal, 1/2021),
  • Contract Formation and its Validity. The Problematic of Concluding a Contract and Analysis of its Validity Under the US Law and the International Trade Law Principles (American legal, political & economic thought – selected problems (volume II), 2021 - Adam Mickiewicz University in Poznan),
  • Comment to the Polish Supreme Court Ruling dated 28 September 2018 (Adam Mickiewicz University in Poznan Law Journal, 2020),

Michal is an advocate trainee and a member of the Warsaw Bar Association.

  • English
  • French