Abstract

The Act of 16 December 2016 on the principles of state-owned property management came into force, in the Polish legal system on 1 January 2017. The new legislation is of systemic importance as it defines the rules governing management of state-owned property in matters not regulated by specific regulations. The basic purpose of its adoption was to improve the quality of exercising the powers of the State by state authorities in the sphere of dominium without introducing specific corporate powers of the State into the legal system. However, Art. 201 § 5 and Art. 368 § 5 of the Commercial Companies Code came into force on the same date, which confer on the governing bodies of shareholding companies the powers to define by an ordinary resolution or in the company's articles the requirements that candidates for management board members should meet. The article discusses the new legislative solutions in one particular area, i.e. appointment and dismissal of statutory board members in companies with a shareholding of the State.