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dr Grzegorz Sikorski
ORCID: 0000-0002-1523-7946

University of Gdańsk

 
DOI: 10.33226/0137-5490.2019.10.3
JEL: K12, K15, K22, K23

Delegating members of the supervisory board to temporarily perform the duties of members of the management boardis a common practical solution in the field of limited companies. Meanwhile, the legislator provided for such powers of the supervisory board only in relation to a joint-stock company. It seems that this is justified by practical needs that arise in relation to the functioning of a limited company. Legal relationship of the limited liability company argues that such a power of the supervisory board should also be owned by this company.

The purpose of this article is to analyze the admissibility of using the institution of delegating members of the supervisory board to temporarily perform management functions in a limited liability company and finding legal arguments for such a solution.

Keywords: supervisory board; management board; limited liability companies; delegation of a member of the supervisory board; suspension of management board members