Resolutions adopted by the management board and the supervisory board in the process of the company’s share capital increase within the limits of authorized capital Cover Image

Uchwały zarządu i rady nadzorczej spółki akcyjnej w procedurze podwyższenia kapitału zakładowego w granicach kapitału docelowego
Resolutions adopted by the management board and the supervisory board in the process of the company’s share capital increase within the limits of authorized capital

Author(s): Maksymilian Saczywko
Subject(s): Civil Law, Management and complex organizations
Published by: Uniwersytet Adama Mickiewicza
Keywords: resolution; management board; supervisory board; authorized capital; challenging the resolutions;

Summary/Abstract: The paper focuses on resolutions adopted by the management board and the supervisory board of a joint-stock company to increase the share capital of a public limited company within its authorized capital. The author outlines the origin and nature of the authorized capital, the content and form of the above mentioned resolutions, their legal nature and different types of possible defects in them. Challenging defective resolutions is particularly important in practice. That matter is not regulated explicitly in Polish law. The possible solutions available under Italian and Spanish regulations that are presented indicate that the challenging of defective resolutions of the management board and the supervisory board in capital commercial companies, particularly those adopted in connection with authorized capital, should also be regulated in Poland.

  • Issue Year: 2012
  • Issue No: 1
  • Page Range: 77-93
  • Page Count: 18
  • Language: Polish