Securing 14 Apartments Against Claims in 48 Days
A real estate portfolio owner feared the effects of a potential bankruptcy of one of his operating companies. We moved the real estate to a dedicated holding structure, separating business risk from private assets.
Marek Tylicki built a rental apartment portfolio over 14 years, treating it as a retirement safeguard for himself and a dowry for his two children. When one of his construction companies began to have serious payment bottlenecks, the risk that creditors would strike directly at his private assets became real.
The challenge
Marek owned 14 residential units with a total market value of 12.4 million PLN. All were listed in the land and mortgage registers directly under him as a natural person. In April 2024, his operating company received payment calls for the amount of 843,200 PLN. Subcontractors threatened to file for bankruptcy, which with the current ownership structure could mean the seizure of private properties by a trustee. The owner needed a tight barrier between business risk and his life's work, but he had to do it legally to avoid the charge of acting to the detriment of creditors.
Our approach
We started with a quick legal audit of all 14 land and mortgage registers, which took us 6 business days. A team led by our succession expert, Artur Wiśniewski, developed a model based on a Polish holding company integrated with a family foundation. Instead of theorizing, on the 11th day of cooperation, we already had a schedule of notary visits ready and resolution drafts prepared. We focused on a clean separation of management and ownership functions, so that the assets ceased to be visible as Marek's direct resource in registers available to bailiffs.
The solution
We implemented a two-level structure. The properties were contributed to a new limited liability company (sp. z o.o.), of which 99.2% of the shares were taken up by the Tylicki Family Foundation. Thanks to this move, even in the event of the operating company's bankruptcy, the apartments are legally protected as a separate asset pool. The entire process – from the first analysis at Plac Trzech Krzyży to obtaining final entries in the land and mortgage registers – we closed in 48 business days. Marek retained full control over the rent and income, but lost the status of 'direct owner', which in this case was key for safety.
Results
Assets with a value exceeding 12 million zlotys are now completely isolated from the financial problems of the client's operating companies. Marek regained peace, and his family has a guarantee that their life savings will not disappear due to one business mistake.
Timeline
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May 12, 2024Legal audit of 14 land and mortgage registers and analysis of capital ties.
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May 25, 2024Development of the Family Foundation statute and holding structure.
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June 14, 2024Finalization of notary acts and transfer of share ownership.
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July 9, 2024Submission of the set of applications to the KRS and land and mortgage register courts.
"For years I thought that an entry in the land and mortgage register under my name was the greatest safety. Only Vistula Wealth Advisors made me realize that it's leaving myself open to a hit. They did the job quickly, without unnecessary talk, and saved my portfolio."