Zasady zaskarżania uchwał zgromadzeń obligatariuszy – zagadnienia wybrane
Principles of appealing against resolutions of bondholders’ meetings – selected issues

Summary/Abstract: The article discusses selected issues related to the basic principles of appealing against the resolutions of bondholders’ meetings. To date this problem has not been much attention among academics, and all observations connected with it are only contributory. It should be assumed that the inclusion of the subject matter using the mechanism of “analogy”, i.e. by referring to the regulation on the broadly described in the doctrine of the regime of appealing against resolution of the general stockholders meetings’ in the corporations does not exhaust the subject. What is more, as it seems, this approach shall be regarded as methodologically misleading. The article is divided into three main parts. The first refers to appealing against resolutions of bondholders meetings that flagrantly violate the interests of bondholders or are contrary to good morals. Such resolutions may be moved by an action to repeal them, pursuant to provisions of Art. 70 of the Act on Bonds. The second main part concerns appealing against bondholder’s resolutions contrary the act, using the action for annulment of a resolutions – according the provisions of Art. 71 of the Act on Bonds. The third part of the article refers to the legal duty of bond issuers who are obliged to provide information on the repeal or declaration of invalidity of the bondholders’ resolution. This duty is formulated in the provision of Art. 72 of the Act on Bonds.

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