Journal of Business Law 2/2020
Publication date: 2020
Place publication: Warszawa
Due to the amendment to the Polish Commercial Companies Code introduced by the Act of 19 July 2019, a new type of company will be introduced into the Polish legal system, with effect from 1 March 2021: namely, the simple joint-stock company. The simple joint-stock company is innovative through its free choice between a monistic and dualistic management system. This paper aims to consider selected aspects as regards the legal position and competences of the board of directors in the monistic system, including the new provisions covering i.a. the duty of loyalty, flexibility of
the boards' structure and business judgment rule.
Start-up aid seeks facilitate airlines' entry into new
regional markets. It is designed as an alternative to a
widespread, and combatted by the European
Commission, practice of offering advantageous discounts
of airport charges and various marketing contracts to air
carriers in exchange for entering a given regional market.
Start-up aid is designed to be time-limited and once
expired, the route is intended to become profitable and
thus the operating carrier would be economically
incentivised to remain on that market.
The research shows that airlines seeking to obtain
subsidies are not interesting to remain on the market
once state aid expires but are inclined to relocate their
operations in order to receive new start-up aid. This
brings up the question of how to perceive the
effectiveness of start-up aid in the light of the regulatory
challenge of using public funds as a stimulus for air routes
that intends to be commercially viable.
The aim of the paper is to analyze the judicial decisions of
the Court of Justice of the European Union and the
Polish national courts concerning pyramid promotional
schemes. In the paper the construction of these schemes
in the light of the Polish and UE legal regulations were
described. Moreover, the chosen proceedings and
decisions of the Polish antirust authority (the President of
the Office of Competition and Consumer Protection)
regarding this issue were also analyzed. In the paper the
influence of these decisions on the Polish consumer
protection law was shown.
On March 1, 2019, art. 231 § 4 of the Act of 15 September
2000 — the Code of Commercial Companies, which
excluded a written vote on absolutorium matters for
members of the organs (liquidators) of a limited liability
company, ceased to be in force. This solution raises
doubts. Therefore, this article discusses the issues of
inadmissibility of a written vote on absolutorium matters
in a limited liability company under the Polish and the
German law and the purpose of this regulation, the
meaning of the term "written vote" under art. 231 § 4
k.s.h. and causes and legal consequences of the repeal of
art. 231 § 4 k.s.h.
The aim of this study is to present issues related to the
appointment of the liquidators of the limited liability
company. At the beginning author presents adopted
division of the cases in which liquidators are appointed:
first, made by the will of the shareholders and second, by
the court. Further, the issues connected to the
appointment by the will of the shareholders are discussed,
after which author presents issues related to the
appointment by the court. At the end, author presents
possible de legeferenda postulates and summary.
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