Enforcement of Shares in a Limited Liability Company under Article 185 of the Polish Commercial Companies Code Cover Image

Egzekucja z udziałów w spółce z o.o. w trybie art. 185 k.s.h.
Enforcement of Shares in a Limited Liability Company under Article 185 of the Polish Commercial Companies Code

Author(s): Szymon Domek
Subject(s): Civil Law, Law on Economics, Commercial Law
Published by: Wydawnictwo Uniwersytetu Kazimierza Wielkiego
Keywords: enforcement against shares; limited liability company; commercial register court; share valuation; non-contentious proceedings; Article 185 of the Commercial Companies Code;

Summary/Abstract: The article addresses the enforcement proceedings against shares in a limited liability company under Article 185 of the Polish Commercial Companies Code (k.s.h.). The author presents the procedure of share seizure, the roles of the bailiff and the commercial register court, and explains the nature of the proceedings at this stage. Particular attention is given to the valuation of shares by an expert and the rules regarding the allocation of procedural costs. The article also discusses issues arising during the sale of shares, especially when their value exceeds the amount of the enforced claim. The text highlights the importance of the correct interpretation of legal provisions and the need to consider the specific nature of shares in a corporate structure when conducting enforcement proceedings.

  • Issue Year: 2/2025
  • Issue No: 1
  • Page Range: 93-110
  • Page Count: 18
  • Language: Polish
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