Ustąpienie akcjonariusza prostej spółki akcyjnej
Withdrawal of a shareholder from a simple joint-stock company

Summary/Abstract: This article examines a new institution of Polish company law: the withdrawal of a shareholder from a simple joint-stock company. Although several Polish-language studies have already addressed this issue, the authors of this publication contend that these studies do not, as yet, offer fully accurate conclusions regarding the nature of, and the prerequisites for applying, Article 300(50) of the Commercial Companies Code. The aim of this publication is therefore to analyze shareholder withdrawal in the context of the current academic discourse and to supplement that discourse with a number of dogmatic and comparative-law arguments which, in the authors’ view, are of material significance. The publication addresses issues that are important from both a substantive and procedural law perspective, including, in particular, the grounds for applying to the institution, the moment of leaving the company by the withdrawing shareholder, and the assetbased nature of the claim and its implications. The analysis has been prepared using dogmatic-legal, theoretical-legal, and comparative-law methods.

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