Wpływ wystąpienia zobowiązań spornych, których wartość, łącznie z innymi zobowiązaniami, przekracza wartość majątku spółki, na jej działalność. Uwagi na kanwie art. 302 § 1 kodeksu karnego
Impact of disputable liabilities, which value, together with other liabilities, exceeds the Company assets on the Company activity. Remarks relating to art. 302 § 1 of the penal code.

Summary/Abstract: In the article author analyses what are consequences of situation, in which the liabilities of the company, including disputable claims, exceeds value of the Company assets. He points out that in such circumstances, the company should be deemed as being in threat of insolvency state, which implicates obligation to respect limitations to its activity imposed by article 302 § 1 of the penal code. In particular in such situation the company management may not pay due debts of the company without securing debts which are disputable or are not due. Author points out that this will often lead to lose of the company liquidity and its bankruptcy. Seeing flaws of current regulation he call for complex regulation of state in which there is threat to the company liquidity.

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