Gloss on the resolution of the Supreme Court of 30 January 2015, file No. III CZP 34/14 Cover Image

Glosa do uchwały Sądu Najwyższego z 30 stycznia 2015 r., sygn. III CZP 34/14
Gloss on the resolution of the Supreme Court of 30 January 2015, file No. III CZP 34/14

Author(s): Beata Kozłowska-Chyła
Subject(s): Law, Constitution, Jurisprudence
Published by: Krajowa Izba Radców Prawnych
Keywords: mixed joint representation; mixed joint proxy; improper joint proxy; irregular joint proxy; commercial companies

Summary/Abstract: On January 30, 2015, in case file No. III CZP 34/14, the Supreme Court sitting in a panel of seven justices held that the entry in the register of entrepreneurs of the National Court Register of a single proxy, with the reservation that such a proxy may only act jointly with a member of the Management Board, is inadmissible. In the resolution at hand the Supreme Court took on one of the most significant issues in the area of commercial companies’ representation, namely joint action in representing a company by a member of the Management Board of a company (or a partner in a partnership) and a proxy. The analysis conducted by the Supreme Court displays particular value in its theoretical and legal dimension, and is of great consequence to trade that involves commercial companies.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 122-132
  • Page Count: 11
  • Language: Polish
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