Obowiązki radcy prawnego w świetle nowych uprawnień rady nadzorczej w spółkach kapitałowych
Duties of the attorney-at-law in light of the new powers of the supervisory board in limited companies

Summary/Abstract: The paper presents the scope of the duties of an attorney-at-law arising from the new rights of su-pervisory boards of companies to demand certain documents and information from persons co-operating based on a civil law contract. As a result of the introduction of the provisions of Arti-cle 219 § 4, Article 30071 § 1 and Article 382 § 1 of the Polish Commercial Companies Codeattorneys-at-law are now obliged to provide such documents and information, but these provi-sions raise certain doubts. In the author’s opinion, the new regulations grant the right to requestthose documents and information that fall only within the scope of the contract between thecompany and the attorney-at-law for their provision of legal services. If an attorney-at-law re-ceives a request for documents or information about a related company, they are entitled to refuseto provide such documents or information in certain cases. In addition, regulations regarding thedeadline for the provision of documents and information should be treated as mandatorily binding, and therefore take precedence over contrary provisions of the contract between the legaladvisor and the company.

• Details
• Contents