Paweł Lewandowski, Pozorne oświadczenie woli osoby fizycznej - wspólnika, jedynego członka zarządu jednoosobowej spółki z o.o.
An Ostensible Declaration of Intent of Natural Person - Shareholder, the only Member of the Management Board the Single-Shareholder Limited Liability Company

Summary/Abstract: The article involved the analysis of the simulation in the case when the single shareholder (natural person) of a single shareholder limited liability company exercise all rights of the general meeting and at the same time is the only member of the management board. The considerations taken in the context of art. 83 of Polish Civil Code required to ascertain on the defectiveness of the resolution and the consequences of the reservation of a special form of legal action taken between the single shareholder and the single-shareholder limited liability company he represents. In addition, it was noted that the simulation of legal actions made between the single shareholder and the single shareholder limited liability company he represents may lead to a violation of the interests of creditors, who in this situation will be more likely to pursue claims on the basis of an actio pauliana, which is not entirely correct.

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