Commercial companies

License for Conducting Business in the Field of Personal and Property Protection – what is it and how to obtain it?

Despite its name, a license for conducting business in the field of personal and property protection does not apply solely to traditional ‘security companies’. Such a license may also be required, for example, for providers of alarm or video surveillance systems.

Shareholders in a Limited Liability Company (sp. z o.o.)

Shareholders of a limited liability company (spółka z ograniczoną odpowiedzialnością, or sp. z o.o.) are one of its most essential elements—after all, it is thanks to them that the company comes into existence. First, they enter into the articles of association (which must be executed in the form of a notarial deed unless using the S24 online system) and consequently gain a range of rights and obligations related to the operation of the company.

Commercial companies Law of contracts

Power of Attorney vs. Commercial Proxy (Prokura) – Differences

Both a power of attorney (pełnomocnictwo) and a commercial proxy (prokura) are forms of legal representation. Both the attorney (pełnomocnik) and the commercial proxy (prokurent) act on behalf of and in the interest of the person or entity they represent. The purpose of granting either is to relieve the principal of the need to perform various legal acts personally.

Commercial companies

Consequences of the Management Board’s Failure to File for Company Bankruptcy in Due Time

Each member of the management board should remain vigilant when the company starts experiencing financial difficulties. Even the first signs of liquidity problems should raise the board’s caution. Missing the appropriate moment to file for bankruptcy can have serious consequences for a board member.

Commercial companies

Claim against a member of the management board under Article 299 of the Commercial Companies Code (KSH) – What can be claimed? How to calculate interest?

According to Article 299 § 1 of the Commercial Companies Code (KSH), if enforcement against the limited liability company (sp. z o.o.) proves unsuccessful, the members of the management board are jointly liable for the company’s obligations. In other words, if the company fails to pay its debt, the members of its management board are responsible for that debt. It turns out that their liability is, in practice, broader than one might expect.

Commercial companies

Statutory non-competition of a board member of an LLC

Entering into non-competition agreements is extremely popular nowadays. However, not everyone knows that a board member of an LLC in Poland does not have to sign such an agreement at all in order to be bound by a non-compete with the company. This is because the prohibition of competition for members of the management board of an LLC in Poland derives directly from Article 211 of the Commercial Companies Code (CCC) and is a so-called statutory prohibition.