Maciej Boryczko

Partner
Attorney-at-law

Real Estate

Specializes in real estate law and corporate issues, always searching for an effective approach calculated to find the optimal solution.

15. Maciej Boryczko 772x1158

Languages: en

BIO

Maciej joined GESSEL in 2011; promoted to Managing Associate in 2016, became a partner in 2022. Specializes in comprehensive and dynamic legal services for all real estate issues and processes of market stakeholders – developers, landlords, tenants, lenders and borrowers, sellers and buyers of real estate.

His several years of experience in interdisciplinary projects, at the intersection of M&A, corporate and tax practice, affords Maciej a broader perspective on the challenges in the real estate area. He combines this with a good sense of business and a pragmatic approach.

In addition, he specializes in comprehensive corporate consulting, M&A transactions, support of clients in litigation and corporate disputes. He has regularly led teams preparing due diligence analyses.
He is the author of book and press publications and a training speaker.

“Real estate is a very interesting area of professional practice. Of course in strictly legal terms – for example, due to the multiplicity of issues or the dynamics of changes occurring in the market – but also in economic or sociological terms. How is it that we successfully support our clients? – We provide them with our full commitment, we guarantee hard work and experience. And an individual approach, tailoring our services. And business sense, which is a resultant of the aforementioned qualities and GESSEL’s schnoz complete the picture. Maybe that’s why we feel so good about the negotiations…”

Maciej Boryczko

tygrys swiecacy

Experience

Real estate

  • Transactions for the acquisition, divestment, development, use and sale of all types of real estate
  • Drafts rental and lease agreements
  • Provides consulting services for the hotel business
  • Conducts real estate financing transactions
  • Conducts commercialization of real estate facilities
  • Conducts real estate special projects
  • Coordinates analyses of tax aspects
  • Verifies the risks that may arise during implementation of the investment (insolvency, litigation)
  • Obtains administrative permits for real estate acquisition, construction and occupancy permits
  • Coordinates analysis of environmental law aspects

Selected real estate projects

  • Lease agreements for approximately 8,500 m2 of office space
  • Negotiated and reached an agreement for return of approx. 7,500 m2 of mixed-use space
  • Over 2021 and 2022, GESSEL lawyers were involved in the negotiation of more than 100 commercial leases and over 100 annexes to many other documents related to the lease of premises
  • Worked on lease agreements for tens of thousands of square meters of office/warehouse/retail space, including drafting and negotiating leases for premises used for medical clinics, hospitals, pharmacies, grocery stores and offices
  • Was contributed to a transaction involving our client’s acquisition of 10 special purpose vehicles owning 10 retail parks, continues to advise on their day-to-day operation
  • Along with his team, conducted a due diligence study encompassing, among other things, 600 leases and almost 50 separate properties, completing the work in 17 days
  • Work on a construction contract for Real Management S.A., which is developing (at the time of launch) what is likely to be the largest housing development in Poland (84 buildings)
  • Long-standing counsel to Kompania Domowa sp. z o.o., an entity combining investment and development activities. Six joint development projects, a wide range of cooperation, numerous (jointly overcome) problems at the stage of land acquisition for investment (legal research, negotiations, preparation of documentation), implementation of works, refinancing, ownership changes and corporate governance
  • In 2018, worked with Get Back S.A. on restructuring, supporting the company in the crisis management of numerous properties, including negotiating the termination of leases, analysing the possibility of terminating contracts, verifying collateral, drafting annexes, etc.;Successfully supported Sygnity S.A. in negotiating office lease agreements, drafting contractual provisions, preparing contracts, etc.
  • Maciej and his team finalized a transaction involving sale to our client of land subject to perpetual usufruct and buildings sited thereon under separate ownership;
  • In one bespoke project, successfully advised the client on purchase of three hospitals, one of which involved a court battle with a counter-party, up to and including the Polish Supreme Court
  • Advised a client on lease of a residence to a diplomatic mission accredited in Poland. Among other issues, we addressed the embassy’s legal capacity and collateral (and its enforceability), provisions for repairs, and irregularities in utilities metering
  • Advice to the Dutch company EHM International BV, working through the Polish entity English Home Polska sp. z o.o., in litigation with the owner of a shopping malls in connection with early termination of a lease agreement , winning a 2/3 reduction of the plaintiff’s claims

Due diligence

  • Assessing the internal structure of the entity under study by examining corporate documents
  • Analysis of relations with affiliates
  • Analysis of the condition of real estate and key chattels
  • Analysis of encumbrances on assets, use of assets by third parties and use of third-party assets by the entity under review
  • Evaluation of key contracts, especially those with suppliers and customers, as well as analysis of credit and insurance contracts
  • Human resources, payrolls, various employment law aspects
  • Determination of the current legal status of intangible assets
  • Analysis of any pending court cases
  • Assessment of documents related to operations of the enterprise in administrative terms (permits, licenses, approvals)
  • Legal analysis of all relevant aspects from the point of view of a given transaction

Corporate disputes

  • Preparing strategies for action
  • Analysis and preparation of corporate documents
  • Preparation of documents, letters, participation in sessions of governing bodies
  • Representation of companies, partners and shareholders, members of management boards and supervisory boards
  • Representation clients in litigation, drafting settlements, negotiations

News
& Insights

16.04.2024

We advised Depilacja.pl on acquisition of a majority stake in Yasumi Polska

Providing the traditional GESSEL one-stop-shop experience, our various professionals conducted due diligence, drafted the transaction documentation and took part in the ...

News
We advised Depilacja.pl on acquisition of a majority stake in Yasumi Polska

19.03.2024

Commentary to the Polish Companies Code – new edition ! 

We are happy to announce that “The Polish Commercial Companies and Partnership Code”. Merger, demerger, and transformation of companies. Commentary", a key reference for...

News
Commentary to the Polish Companies Code – new edition ! 

12.03.2024

2023 summarised: real estate

2023 has been a difficult one in the real estate market, also in Poland, with various economic and political factors combining into a challenging environment for busines...

News
2023 summarised: real estate

20.11.2023

We advised on the acquisition of the property by ORTHOS Multispecialty Hospital

We advised on the acquisition of an agricultural property by ORTHOS Multispecialty Hospital - LUX MED Group. The 1.1 hectare plot borders the hospital acquired by the L...

Case studies
We advised on the acquisition of the property by ORTHOS Multispecialty Hospital
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Education and achievements

tygrys swiecacy
  • Legal studies at the Faculty of Law and Administration of the University of Warsaw (2006)
  • Admitted to practice as an attorney (2013)

Academic publications