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Mgr Maciej Langer
ORCID: 0000-0003-2296-9237

Doctoral candidate in the discipline of legal sciences at the Doctoral School of the University of Silesia in Katowice. He carries out research on the legal status of digital tokens.

 
DOI: 10.33226/0137-5490.2023.10.2
JEL: K15, K22

This article aims to answer the question whether, due to currently applicable provisions, it is possible to link the rights of partners in partnerships with a digital token appearing in a distributed ledger technology. Therefore, the article refers to issues such as tokenization of the partner's capital share, the admissibility of the construction of a "virtual partner" determined by a token, and the tokenization of shares in limited joint-stock partnerships. The authors make an argument that the Polish legal system allows tokenization of participation rights in partnerships solely to a limited extent. The said tokenization is possible only in relation to material rights, by means of personal tokenization performed by the partner. Pursuant to the regulations in force, tokenization of investments carried out by the partnership would also be allowed.

Keywords: DLT; digital tokens; partnership; participation right