Pełnomocnictwo udzielane w celu zawierania umowy między spółką a członkiem zarządu, jako wspólnikami spółki komandytowej. Glosa aprobująca do uchwały Sądu Najwyższego z 30 stycznia 2019 r., sygn. akt III CZP 71/18
A power of attorney granted to conclude an agreement between the company and a member of the management board as partners of a limited partnership. Glossary approving the resolution of the Supreme Court of 30 January 2019 (III CZP 71/18)

Summary/Abstract: The subject of the analysis is the resolution of the Supreme Court of 30 January 2019, III CZP 71/18. This resolution is in line with the jurisprudence regarding the application of the provisions of the Civil Code on the power of attorney to the attorney under Art. 210 k.s.h. The supreme court resolving legal issues established the nature of the letter of attorney from the above provision, as well as the admissibility of granting it to a partner of a limited partnership who is also a limited partner and a member of the management board of a limited liability company. (general partner). The Supreme Court rightly concludes that granting this partner a power of attorney according to Art. 210 k.s.h. would be contrary to the nature of a limited partnership. At the same time, the glossator analyzes the problem of applying the provision of Art. 210 k.s.h. for activities concluded between the partners of a “one-person” limited partnership. The nature of this structure, manifesting itself in the actual single-person capability of the company, makes it impossible to infringe the interests of the limited liability company. and her accomplice against their will.

• Details
• Contents