Monitor Prawniczy

no. 1/2016

Several comments on the amendment of regulations on commercial proxy

Jarosław Grykiel
Autor jest adiunktem w Katedrze Prawa Cywilnego, Handlowego i Ubezpieczeniowego na WPiA UAM oraz radcą prawnym.
Abstract

The article presents a critical analysis of the amendment of regulation on commercial proxy and business register. The amendment was aimed at further computerization of deeds connected with granting proxy and limiting the items within the object of business activities subject to disclosure in the business register. The direction of changes towards computerization of submissions made to the business register adopted by the legislator should be considered as correct and meeting the needs of entrepreneurs. Also the direct regulation that the performance of the function of a commercial proxy requires consent of the person concerned is plausible. However, the way in which those objectives are realized, and in particular the quality of the new regulations give rise to fundamental doubts. The legislator seems to confuse individual legal constructs and rather freely „joggles” the terminology, which essentially makes it difficult to interpret the new regulations.