Prosta spółka akcyjna jako nowe rozwiązanie dla innowacyjnych start-upów?
A simple joint stock company as a new solution for innovative start-ups?

Summary/Abstract: As of July 1st, 2021, the catalogue of domestic companies expanded to include a new type of company – a simple joint-stock company. The intention of its authors was to facilitate the establishment and functioning of start-ups, in particular in the area of new technologies. Its introduction is one of the most controversial amendments to company law in recent years. Opinions on the legitimacy of introducing a simple joint-stock company into the Polish legal order are divided. The aim of the article is to present this new form of running a business from the perspective of the development of start-up entrepreneurship in Poland. The considerations focus on the following research problems. First, what are start-ups and what is characteristic for their functioning and development? Second, how can the form of a simple joint-stock company facilitate the specific challenges of managing start-ups compared to the so-far dominant legal form of start-ups, i.e., a limited liability company? Finally, how are the assumptions of a simple joint-stock company implemented in practice? Answers to these questions were sought in the literature on the subject, reports on the state of start-ups in Poland, an analysis of legal provisions on the forms of running a business and the National Court Register data. The article ends with conclusions that attempt to provide a synthetic answer to the question whether a simple joint-stock company is a solution for innovative start-ups, pointing to the advantages and weaknesses of the adopted regulations.

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