Zbycie udziału w spółce z ograniczoną odpowiedzialnością a uprawnienia KOWR
Transfer of shares in a limited liability company and the KOWR’ rights

Author(s): Jakub Zamojski
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: capital company; share; limited liability company; transfer of shares; contract; joint and several liability; right of pre-emption; legal act; agricultural real estate
Summary/Abstract: The article presents in a systematic way the provisions concerning the disposal of shares in a limited liability company in accordance with the provisions of the Code of Commercial Companies as well as presents contractual ways to protect the company against the disposal of shares by its shareholders. The paper also discusses the problem of joint and several liability in case of sale of shares and the situation when a limited liability company is the owner of agricultural property and a shareholder decides to sell his share. The article then presents the practical implementation of the right of pre-emption vested in the National Agricultural Support Centre and describes cases in which the National Agricultural Support Centre is not entitled to the right of pre-emption. Then, the procedure enabling the National Agricultural Support Centre to exercise its pre-emptive right is presented together with an analysis of legal requirements. Finally, the article presents legal consequences of a breach of the Act on shaping of the agricultural system.

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