Wybrane problemy związane ze szczególnym statusem Skarbu Państwa w spółkach handlowych
Selected problems connected with special status of the State Treasury in commercial companies

Summary/Abstract: The needs of the modern society require the state to actively participate in the economic turnover to execute public tasks. One of the forms of state economic activity are commercial companies with the state shareholding. The author analysed selected problems connected with the state shareholding in commercial companies. The presented problems arise from the possibility of conflict of the interest of the state pursued by the State Treasury and the interest of company, which should be pursued by its bodies. The author introduced the concept of the state interest and presented ways of its pursuit in companies with the state shareholding. Moreover the article addresses the problem of instruments, that private law and public law provide stationes fisci of the State Treasury to ensure the pursuit of public interest by companies with the state shareholding. An important issue explained by the author is the liability of management board members, who violated the company‘s interest acting in accordance with the state interest. Against the background of the above considerations, there is a question of compliance of regulations providing for special instruments of the State Treasury to ensure execution public tasks with the European Union law, which can lead to discouraging new investors from participating in the company.

• Details
• Contents