Head of legal and compliance department | Idea Getin Leasing
Andrzej Klimek
Head of legal and compliance department | Idea Getin Leasing
Head of legal department | Idea Leasing
Having overseen and implemented several changes in his current role, Andrzej Klimek, head of the legal and compliance department for financials company Idea Leasing has also participated in a number...
The merger – registered in February 2018 – between Idea Leasing and Getin Leasing, and the creation of one of the leaders in financing enterprises in Poland and Central Europe. Difficult negotiations regarding the securitisation of massive receivables portfolio with European institutions and banks which is now suspended, as well as the successful implementation of GDPR in numerous entities of the group, both achieved in 2018.
In our case, the company has undergone practically every possible restructuring provided for in the Polish Code of Commercial Companies, so massive changes came upon us regularly in connection with the joining of further companies and their legal departments. Paradoxically, the biggest challenge was for external and internal customers to feel it least. Under these conditions, we naturally focused on standardising procedures, internal practices, contract templates and communication methods.
It seems that the need of present day is the ability of free but at the same time precise communication, not only using various tools but also preferably languages.
Take challenges, observe people more experienced than you, ask questions, change the environment, acquire new skills, be punctual and keep your word. Don’t close any door behind you, and don’t be afraid to open another one.
In the era of rapid technological progress, the ability to properly divide the areas of legal services into those that can be automated to the benefit of the client, and those where the participation of a real lawyer is going to be the only guarantee of the best service will be of key importance. When providing a legal service, it will be necessary that the shape, speed, method of communication and packaging do not differ from other non-legal services offered on the market.
FOCUS ON… general counsel in “hard times”
Summing up the last years of my professional experience, one can see many complex problems and legal aspects and numerous successes. People more closely observing the organisation I work for have noticed that this is a company that has recently gone through an extremely turbulent and fast path, from an average and very stable leasing company to a market leader, whose position has soon been noticeably corrected thereafter.
Idea Getin Leasing is an organisational and legal amalgamation of several entities and organisational structures, including VB Leasing Polska, Idea Leasing and Getin Leasing. The consolidation took place mainly through mergers and divisions through separation, [quite] typical legal work in the M&A area.
The substantive quality of these processes was extremely high. What’s more, as a result, a huge organisation was created with a sales level propelling it to first or second place on the Polish leasing market (which is the fifth largest such market in Europe) but also more efficient and better received by customers. It was a reason for professional satisfaction for all lawyers involved in the restructuring processes but also for those who were responsible for relationship between constantly changing company and the client.
At the same time, we had the opportunity to observe serious perturbations in our capital group, such as huge losses and decreases in the solvency ratios of Idea Bank and Getin Noble Bank, as well as widely discussed events regarding the relationship of the company’s main shareholder with financial supervision authorities – the so-called “eavesdropping scandal” at the Polish Financial Supervision Authority. These were the circumstances that unfortunately, in many aspects, negatively affected the media reception and functioning of the entire capital group, including our company.
The future of the entire capital group has been the subject of many analyses and media reports, so we found ourselves in a situation where we are fighting to preserve the market position at the same time as facing a serious crisis in the capital group to which we belong.
The problems of Italian [financial services company] UniCredit affected the situation of Polish bank Pekao and the bankruptcy of Thomas Cook led to the immediate insolvency of Polish company Neckermann. These types of situations are not uncommon in the markets, but observed closely give undoubtedly a chance for a more personal perspective. Does this story give us room for clear and useful conclusions? Is stable operation possible under such conditions and what should be the main goals of lawyers in such a situation?
In my opinion, the legal team should focus on ensuring the survival of the organisational substance of the company to the greatest extent possible. This means taking care of the following:
Maintaining the most important human resources – we give no further reasons for leaving easily.
Maintaining organisational coherence – everything must work even better than in “easier” times.
Paying the highest attention to the compliance area – compliance with regulations, customer relations and relations with authorities.
Observation of the media environment – we respond to relationships that significantly harm the organisation and the response is much more favourable than no response.
Avoiding unnecessary risk, additional disputes or controversy – we do not expose ourselves without necessity.
Every storm ends and the resources of the organisation give a chance for reconstruction and further development. Let a lawyer always be a professional who gives wide support during difficult times of the company. In the period of inevitable economic slowdown, the described perspective may prove very relevant.