Abstract

The article discusses the Supreme Court Resolution of 31 March 2016, file no. III CZP 89/15, issued by a bench of 7 judges and resolving how a member of the management Board should resign from the post. In that resolution the Supreme Court rules that resignation should be submitted in accordance with the rules laid down in Art. 205 § 2 of the Commercial Companies Code, i.e. to another member of the Board or a commercial representative. This has resolved a long-time and practically very cumbersome dispute to which governing bodies of a company a member of the Board should address the declaration of intent to step down and when such a declaration may be deemed as having been filed effectively.