Monitor Prawniczy

no. 16/2014

The article deals with the subject of challenging illegitimate resolutions of meetings of shareholders. The author analyzes nature of judgment declaring invalidity of the resolution.

Tomasz Szczurowski
Adiunkt w Katedrze Prawa Gospodarczego Prywatnego WPiA UKSW, sędzia w sądzie gospodarczym w Warszawie.
Abstract

In the first part of the article the author shows views presented in the doctrine and judicial decisions. He focuses on the Supreme Court resolution, dated 18 September 2013. In it light resolutions of meetings of shareholders cannot be treated as invalid as long as it is not recognised by a court decision.

In the next part of the article the author presents nine arguments against the Supreme Court resolution. He suggests that it is usuful but there is no legal grounds for it.