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Accountability of limited company board members for company obligations

To begin with, it needs to be stressed that a limited company (spółka z ograniczoną odpowiedzialnością, spółka z o.o.) and persons linked to the company (e.g. shareholders, board members, supervisory board members) are separate and independent legal entities. A limited company participates in legal transactions as an autonomous legal existence equipped with legal personality, legal capacity, capacity to perform acts in law – capacity to obtain rights and incur liabilities.   So, Read more

Board member under an employment contract

Appointment of a board member may, but does not have to entail employing them under an employment contract. The functions within the two relationships are independent. Still, in practice, board members are employed under an employment contract for the purpose of connecting them to the company, ensuring stable remuneration and guaranteeing extra benefits, among others.   A board member under an employment contract acquires all the rights arising from the provisions of the Labour Code. &nb Read more

Bankruptcy law changes in 2016

Bankruptcy law is going to change on Jan 1st 2016 in Poland. Entrepreneur whose company is looking at the insolvency will not need to wait until all the assets are sold out by the receiver. Apart from introduction of many changes in the current procedures the new law also consists of many new legal solutions that aim at successful company restructuring. One of the main newly introduced procedures is a so called pre-packaged insolvency which is currently being implemented into legal systems of m Read more
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