Abstract

The article critically analyses changes in the provisions on proxy introduced by the Act of 16 December 2016 amending certain Acts in order to improve the legal environment of entrepreneurs, including delimitation of those changes, and attempts to answer a question whether new legislative solutions on proxy will contribute to the attainment of goals as indicated by their proponents and improve the functioning of proxy in business transactions. The analysis of the amended provisions on proxy reveals that although the general direction of changes is perhaps correct and the goals noble and – as a matter of principles – deserving approval, the extent of those legislative changes as well as the quality of individual provisions arouse far-reaching doubts. This concerns, in particular, an absence of appropriate terminology to define individual types of proxy, as well as no intertemporal provisions regulating the status of hitherto existing joint proxies under the rule of the amended provisions. Those legislative defects constitute an unquestionable threat to the security of business transactions as any uncertainty as to the correctness of representation by proxy may have a direct impact on the effectiveness of legal acts they perform.