KWKR is pleased to announce that last Friday (06th of May) one of our compliance specialists Anna Dąbrowska-Lipka provided an expert commentary for “Rzeczpospolita”.
The publication titled: “”Shareholder liability for wrong business decisions” – addresses the amendment to the Polish Commercial Companies Code (CCC), which will enter into force on 13th of October 2022. Under the amendment in the CCC has appeared a new section: Group of companies. In the justification of the draft amendment, the government refers to solutions applied in foreign legal orders, including the Rozenblum case and the Business Judgment Rule. Anna answers questions related to partner liability for wrong business decisions:
- Will these changes lead to a revolution in the functioning of companies?
- What impact will the legislative response have on the existing jurisprudence (in relation of board members’ liability)?
Although the Rozenblum criminal case and the concept of Business Judgment Rule are not the subjects of Polish jurisprudence, they were treated in a model way by the authors of the amendment. In her article for Rzeczpospolita, the author emphasizes that these types of cases are not individual and have a significant impact on the formulation of law in our country. Anna – as a lawyer with experience in legal services for business entities and public administration – is always observing legal changes in the field of functioning of companies.
Polish subscribers of “Rzeczpospolita” may access archival materials under this link.