Abstract

The provision of Art. 6.1 of the Act of 21 August 1997 restricting conduct of business activities by persons performing public functions is an exception from the ban on conducting activities described in Art. 4.1 of this Act. In turn, the application of Art. 6.1 of the Act involves the need to meet several prerequisites. The article presents major ones, which at the same time pose greatest problems in practice. Such a prerequisite is undoubtedly the very fact of nomination for filling a management positing in a commercial law company. The legislator has failed to specify what is meant by “nomination”; neither its form and the procedure for filing have been described. It is also important that the nomination is performed by a right entity and to an right company.