Banking sector overview | Banking today and tomorrow | May 2024

7 May 2024 | Banking today and tomorrow, Knowledge, News

Undermining WIBOR would be a blow to the economy. An expert explains why

WIBOR is crucial to financial stability and market integrity. The total value of financial instruments and contracts based on WIBOR could be greater than Poland’s gross national product, warns Tomasz Leśko, Attorney at Law at Kochański & Partners. And he shows the impact that undermining this reference rate could have on the economy.

Source: Business Insider

Supreme Court on Swiss franc mortgage loans. Decisions in favour of borrowers

After more than three years of waiting, we have now seen the so-called ‘big Swiss franc mortgage loan resolution’ of the Supreme Court. The rulings are unsurprising and largely confirm the case-law that has developed in the courts.

“The Supreme Court, in answering the question concerning the limitation period for bank’s claims for reimbursement of sums paid under a loan agreement, linked the commencement of the limitation period to the event of [the consumer] contesting the fact that they were bound by the agreement vis-à-vis the bank. It follows that the limitation period cannot begin to run before the consumer challenges the validity of the terms of the loan agreement, with the ultimate consequence that the entire loan agreement is cancelled”, points out Piotr Szymański, Attorney at Law, Counsel in the Disputes of Financial Institutions practice at Kochański & Partners.

Source: Bankier.pl

Communication from the Polish Bank Association concerning the Resolution of the Supreme Court in Case III CZP 25/22 of 25 April 2024 – the position of the Polish Bank Association

According to the statement of 9 judges of the Civil Chamber of the Supreme Court appointed before 2017, the Resolution was adopted in an unconstitutional composition and does not fulfil its basic function, which is to unify the case law of the courts. There are therefore serious doubts as to whether the composition of the court is legitimate, raising questions as to the force and effectiveness of this Resolution.

Source: Polish Bank Association (ZBP)

Cezary Stypułkowski, CEO of mBank: “Poor law, no justice, collapsed morality”

The law has begun to be manipulated to serve the interests of a narrow group – believes Cezary Stypułkowski, CEO of mBank. He admits that banks were too dogmatic in their approach to Swiss franc mortgages, and reveals that he will not be retiring when he leaves mBank.

Source: Rzeczpospolita

Credit holiday legislation awaiting President’s signature

Legislation to extend the credit holiday to 2024 is still awaiting the President’s signature. It will come into force on 1 June. The suspension of instalments will benefit people with loans of up to PLN 1.2 million, whose monthly instalments represent at least 30 % of their household income.

Source: Prawo.pl

Cryptocurrencies versus traditional banking. The PFSA revolution is coming. What will change?

Later this year, the cryptocurrency market will be regulated. This means that the Polish Financial Supervision Authority (KNF) will take over supervision of transactions in virtual currencies such as bitcoin. And traditional banks will enter the market, which is of interest to many investors. How will innovative technologies change the market?

Source: Bankier.pl

Banks under pressure from Fintechs

The expansion of Fintechs is not without impact on banks’ operations, revenues and risk policies. The operation of new players is a challenge, but also has positive effects for the banking sector.

Source: Forsal.pl

Banks prepare for the AI revolution

Artificial intelligence is slowly changing the way banks and financial institutions operate. It is helping them to cut red tape, make faster decisions and stay in touch with their customers more effectively. And things are getting better. EBITDA is expected to increase by more than ten percent.

Source: Obserwatorfinansowy.pl

European Parliament position favourable to the IPS system of the Polish cooperative banking sector

At the last plenary session of this parliamentary term, MEPs adopted the EP’s first reading position which will form the basis for discussions with the Council in the trilogue negotiations.

Source: Bank.pl

What hinders cooperative banks? An interview with Andrzej Chmielecki, Vice-President of the Management Board of SGB-Bank S.A.

Local banks know their customers very well. This is why the regulatory guidelines for dealing with customers should not be the same for large banks, whose employees very often do not have direct contact with the customers they serve, and for cooperative banks, which by their very nature are close to their customers, especially farmers and agricultural entrepreneurs.

Source: Bank.pl

BANKS 2023 Report on the state of the banking sector

This study is the thirty-first annual report of the banking community, assessing the state of the banking sector over the past year, the economic conditions under which it operates, and the opportunities and challenges for the near future.

Source: Polish Bank Association (ZBP)

Mastercard study: more and more people prioritise spending on experiences over the purchase of material goods

Mastercard has prepared a study analysing the attitudes of Poles towards spending on experiences and passions, and comparing them with the results that characterise other nations. As the organisation points out, in recent years more and more people have prioritised spending on experiences, such as attending sporting events, concerts or shows, over buying material goods. This trend is known as the ‘experience economy’.

Source: Cashless.pl

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Banking today and tomorrow | An overview of the banking sector | April 2024

Latest Knowledge

NIS2 and the National Cybersecurity System Act in transport: what you need to do before October 2026

The amended Act on the National Cybersecurity System (UKSC) has been in force since 3 April 2026. For transport sector undertakings, this means a specific compliance timeline, including an obligation to register with the National Cybersecurity System (KSC) registry by 3 October 2026. Failure to do so may result in substantial financial penalties, coupled with the risk of personal liability for senior management. Not every undertaking, however, automatically falls within the scope of the new regime. Read on to find out whether your organisation is affected and what you need to do before the deadline for preparation.

Family foundations: the government has done the maths and presented the bill

Three years. That’s how long we’ve been waiting for what the Council of Ministers had seen in the data from the outset – and has now disclosed in its review of the Family Foundation Act. The document not only diagnoses the problems, but also previews substantial changes to rules that founders and their advisers treated as settled and stable. And therein lies a problem that goes far beyond tax matters. If the rules of the game are changed while the game is being played, there can be neither planning stability nor trust in the law. It is no coincidence that one of the greatest concerns among entrepreneurs considering setting up a foundation is not the level of taxation, but the stability of the legal framework – which today is once again being called into question.

What the new swiss franc act means for banks

We now have a new Act on Special Measures for the Adjudication of Cases Concerning Loan Agreements Denominated in or Indexed to the Swiss Franc. The provisions come into force 14 days after publication. So now is a good time to look at what lies ahead and what banks should be doing today.

New draft Pay Transparency Act – what has changed since December 2025?

A second version of the draft act on strengthening the application of the right to equal pay for equal work or work of equal value between men and women has now been published. It refines procedures and deadlines and introduces a new supervisory body. We have already discussed the changes affecting the recruitment stage and the three pillars of the forthcoming pay transparency framework, noting that Poland will miss the EU transposition deadline of 7 June 2026. Now, we take a closer look at the further changes, new developments and risks that have emerged in the latest, April version of the draft.

Payment Services Regulation (PSR) – between consumer protection and due diligence

The draft Payment Services Regulation (PSR) is one of the most significant elements of the reform of the EU legal framework for payment services. Its principal aim is to enhance the security of cashless transactions and to reduce the scale of financial fraud, in particular that arising from the growth of digital channels. At the same time, the new rules are intended to introduce a liability model that will not result in risk being transferred entirely to financial institutions, whilst retaining an important role for independent due diligence on the part of the user.

Energy deregulation – key changes for businesses and energy consumers

The President has now signed the Energy Deregulation Act (UDER92). The new provisions cover both the relationships between energy undertakings and consumers, and matters relating to investment, district heating, and the administrative obligations of energy market participants. The Act introduces changes in the areas of billing, communication with consumers, grid connection, and the operations of undertakings in the energy and district heating sectors. We set out the key points to note.

Banking sector overview | Banking today and tomorrow | July 2026

Under the draft legislation, banks will be required to offer existing borrowers a switch from WIBOR-based to POLSTR-based interest rates, a mechanism intended to speed up the voluntary transition of financial instruments to the new benchmark. The banking sector has responded positively to the proposal, according to Tadeusz Białek, President of the Polish Bank Association.

“Withdraw from contract here” – what next for the new button in online shops, on trading platforms and in mobile apps?

From 19 June, national legislation was to require businesses in the European Union entering into distance contracts with consumers via an online interface to provide consumers with the option to withdraw from the contract via a dedicated function/button. However, due to Poland’s delay in transposing Directive 2023/2673, which requires the use of such a button, this obligation has been postponed in our country. We look at what remote contract withdrawal entails and which transactions the new feature will apply to.

Municipal master plans – new deadline, same old challenges

On 11 June 2026, the President signed into law a bill extending the deadline for municipalities to adopt their master plans (plany ogólne). The key deadline for adopting master plans was moved from 30 June to 31 August 2026. We examine the reasons behind this change and consider what the absence of a master plan might mean for potential investors and their future projects.

Contact us:

Tomasz Leśko

Tomasz Leśko

Attorney-at-law / Partner / Disputes of Financial Institutions

+48 22 326 3400

t.lesko@kochanski.pl