The new definition of restructuring, introduced by an amendment to the Act, indicates two key criteria:

  • significant change in commercial or financial relations, including termination of existing contracts or change of existing conditions,
  • a transfer between related parties of functions, assets or risk categories if, as a result of that transfer, EBIT in the three-year period after the transfer would have changed by at least 20% of the projected average annual EBIT in the same period if no transfer had taken place.