Zakaz łączenia stanowisk z członkostwem w radzie nadzorczej
Incompatibility of Certain Offices with a Membership in Supervisory Boards

Summary/Abstract: The Author presents legal issues concerning the incompatibility of certain offices with the membership in supervisory boards (audit committees) in the light of the provisions ofthe Commercial Companies Code. He first discusses the personal scope of the incompatibility rule, presenting concerns about particular positions and a broader clause referring to people directly subordinated to a member of the board or the liquidator. Secondly, the Author presents different views of the doctrine on the results of the violation of the incompatibility rule. In the article he assumes that the appointment of a person covered by the prohibition to the supervisory board invalidates this choice, while the appointment of a member of the supervisory board to perform functions covered by the ban results in the expiry of the mandate in the supervisory authority. Finally, some additional aspects which must be taken into account have been also highlighted, such as the consent of a person appointed for a particular position or the appointment of a legal person to the supervisoryauthority.

• Details
• Contents