Abstract

The impact of issuing a business prohibition by a bankruptcy court on the mandate of a management board member of a corporation has not been unequivocally resolved by the lawmaker. Although it is not a view universally accepted in the doctrine and jurisdiction, the analysis of the object of the sanction laid down in Art. 373 of the Bankruptcy Law, its significance for legal capacity of a concrete individual, and finally legal consequences of a breach of the prohibition leads to a conclusion that as a result of the order issued by a bankruptcy court the mandate of a management board member of a corporation does not expire. This does not mean, however, that conduct contrary to the order of a bankruptcy court does not generate negative legal consequences due to which the possibility of continuing as a board member becomes problematic.