Aspekty procesowe sporu o wpis do rejestru akcjonariuszy
Procedural aspects of a dispute for the entry in the register of shareholders

Summary/Abstract: The amendment of Art. 328 of the Code of Commercial Partnerships and Companies introduced dematerialisation of shares in non-public companies. The documentary form was replaced by an entry in the register of shareholders. As a consequence, also the rules concerning the disposal of shares changed. Their transfer or the establishment of a limited right in rem thereon requires, apart from the obliging contract, making an entry in the register of shareholders. An entry is made by the entity keeping the register based on documents submitted by the party requesting the entry, including declarations of the will of the parties to an action obliging to dispose of shares or establish a limited right in rem thereon, unless it has reasonable doubts as to the admissibility of the entry. The purpose of the article is to identify the personal scope of disputes that may arise against the background of the entry and an attempt to provide an answer to the question about the type of legal measures that can be taken by a party, or parties, to a legal action, whose rights are violated by the refusal to make an entry or by the making of an entry against its/their position.

• Details
• Contents