Abstract

Issuing a ban on conducting commercial activities is possible only upon a motion of an authorized entity. Despite the statutory regulation of the right of action the issue arouses significant doubts in practice.

The ban is issued on the grounds of failure to file a petition in bankruptcy by the statutory time limit despite the existence of such duty. Therefore, it is first of all necessary to find whether a given person is obliged to do so, and then to determine the time when insolvency occurred, taking into account changes in the definition of the notion of insolvency and differences in the case law in this respect.

Moreover, it is necessary to determine the degree of guilt and consequences of actions taken, in particular reduction of the economic values of the bankrupted undertaking and the amount of losses incurred by the creditors, which in principle is possible exclusively by consulting an expert witness.

Finally, it is also necessary to examine whether issuing of a ban is not excluded due to the expiration of time limits counted from various legal occurrences.

The multiplicity of the above factors makes cases concerning a ban on conducting commercial activities are among the most difficult court proceedings.