Niezależni członkowie w składzie rady – pomiędzy słusznym dążeniem a potwierdzaniem fikcji. Niezależność formalna i rzeczywista
Independent members in the composition of the board of directors – between legitimate aspiration and acknowledgment of fiction, problems of formal and actual independence of the directors

Summary/Abstract: One of important factors affecting the efficiency of work of supervisory boards is to have in its composition a certain number of independent members whose work and opinions in certain areas are very important for the BOD; significantly improve the quality performed by the council functions and decisions undertaken in the framework of BODs. However; the independence of a member even though it is widely recognized as important; however; is not clearly defined. The author postulates that outside the formal provisions in the regulations for soft and hard law also particular attention should be paid to real independence. Confining only to formal independence of the BOD is likely to mislead; reducing the quality of work of the BOD and its committees. In the article the author presents a set of factors; both internal and external; which have in his opinion a significant impact on the actual level of independence of the supervisory board.

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