Journal of Business Law 01/2025

The institution of the resignation of a shareholder from the company is an extraordinary instrument to protect a minority shareholder of a simple joint-stock company from unethical and discriminatory actions by the company itself or by shareholders controlling the company that permanently and seriously infringe on his interests. Thus, it is an institution provided for particularly drastic cases. The resignation of a shareholder from the company should not be seen as a universal solution to the problem of being a "prisoner of the company" – that is, a general, generally available alternative to the disposal of shares of a non-public company in the absence of a liquid market for its shares. The purpose of this article is to solve the problem of the scope of application of the institution in question, advocating a narrow view of it.

One of the segments of the financial market in which artificial intelligence systems (AI systems) are used is the banking market. The purpose of the paper is to attempt to counteract the occurrence of specific risks for consumers associated with the use of AI systems used in the banking sector to assess creditworthiness by means of credit scoring. Therefore, the risks for consumers regarding this matter, the practical problems associated with them and de lege ferenda postulates for their solution are identified.

The Act on Family Foundations introduced a new type of legal entity into the Polish legal system – family foundations. As a rule, they are subject-exempt corporations income tax taxpayers. However, the foundation is taxed on income from business activities beyond the scope of the exemption, as well as on certain rental income. The article is devoted to the analysis of the introduced regulations, but also indicates the practical consequences of incorrect interpretation of the tax exemption of family foundation income. Consistency with other branches of law, especially Entrepreneur's law, should also be established. The research method used allows for the identification of de lege ferenda postulates.

As of 5 November 2021, regulations came into force in the Polish legal system, the aim of which is to "regulate the legal status of acceptance of banknotes and notes issued by the National Bank of Poland", tied by the legislator to the common acceptance of them by entrepreneurs from consumers. The article discusses the issues relating to this regulation, the analysis of which should ultimately allow for an answer to the question whether the goal set by the legislator has been achieved. Thus, the study aims to determine whether there is currently in Polish law a clearly defined obligation of entrepreneurs to accept cash for settlements conducted in legal relations with consumers, combined with the right of consumers to demand cash acceptance by entrepreneurs, in particular those having the status of merchants.

Inside information has been defined by the EU legislator in two acts applicable to two different markets – the crypto-assets market and the financial instruments market. As the first, the legal definition of inside information for the purposes of combating market abuse in the financial instruments market has been enacted and can be found in Article 7 of Regulation 596/2014 (MAR). As a second, inspired by the first, a legal definition of inside information for the purposes of combating market abuse in the crypto-assets market has been enacted and can be found in Article 87 of Regulation 2023/1114. The two definitions, from a linguistic perspective, are remarkably similar and will therefore be scrutinised together in order to demonstrate the proper interpretative approach using the tools of legal theory. In this article, I present and defend the thesis that the concepts of reasonable investor and reasonable holder determine the understanding of 'significant effect on the prices' and, consequently, both definitions of inside information are one-step instead of two-step in this respect.

The obligations imposed on investment firms to prepare and publish an engagement policy and a report on its implementation are a consequence of the transposition of the provisions of Directive 2017/828 into Polish law. The purpose of this article is to assess the introduced provisions on the engagement policy and the report on its implementation, which are subject to the provisions of the Act on Trading in Financial Instruments, in particular to assess their compliance with the provisions of Directive 2017/828 and the fulfilment of these obligations by the investment firms.

The subject of the gloss is the analysis and assessment of the judgment of the Administrative Court in Gdańsk of 31 May 2022, I SA/Gd 86/22, in which the Court repealed the decision of the Director of the Tax Administration Chamber in Gdańsk determining the tax liability in the inheritance and gift tax. In repealing the appealed decision, the Court drew attention to the mistakes made by the authority in the factual findings regarding the amount of the donation made, resulting in an overestimation of the amount of the tax liability determined. While the decision of the tax authority itself should indeed be regarded as defective, in the opinion of the authors, the reasons for this defect did not lie in the arrangements relating to the amount of the donation made, but in the belief that in the factual situation which is the subject of the decision, the donation or acquisition of any property by the complaint took place at all. Based on the case, which is the subject of the ruling in question, a critical analysis of the views expressed by the Court was also carried out regarding the events determining the occurrence of the tax obligation in the inheritance and gift tax, which, in the opinion of the authors, are not covered by the applicable regulations shaping the subject of taxation in this tax.