Zarząd w spółce partnerskiej – charakter prawny
The management board in a partnership – legal nature

Summary/Abstract: Although a professional partnership is a partnership, it is possible to appoint a management board under Art. 97 § 1 of the Code of Commercial Companies. For several years there has been a dispute about what such a management board is - there are four views on this issue. Representatives of the first view point out that board members are statutory representatives of a partnership. The proponents of the second view assume that board members are statutory representatives, but this concept is rather a minority one. Supporters of the third theory, in turn, assume that the management board is a body - just like the management board in a limited liability company, and the fourth - rather dominant in the doctrine - indicates that it is a quasi-organ. The last two are the most popular, but it is the quasi-authority theory that is supported by most commercial law experts. The article will present arguments and counter-arguments in favor of each of these concepts, as well as an indication of the practical consequences of choosing a given interpretation.

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