Monitor Prawniczy

no. 16/2020

Inspection of cooperatives – several remarks concerning practical doubts form the viewpoint of the applicable legal regulation

DOI: 10.32027/MOP.20.16.4
Anne Marie Weber-Elżanowska
Autorka jest adiunktem w Katedrze Prawa Handlowego WPiA Uniwersytetu Warszawskiego.
Abstract

The article analyses selected issues relating to the application of the current regulation concerning inspections in cooperatives which arouse practical doubts. In particular, the author focuses on the problems relating to the mode of expressing the request for inspection, issues concerning the right to appoint and demote the inspector who carries out an inspection of a non-affiliated cooperative, the impact of the declaration of a cooperative’s bankruptcy on the rights and obligations regarding initiation of the inscpection proceedings, the extent of permitted active participation of members of a cooperative’s bodies and its employees in the inspection proceedings as well as the obligation to inform the general meeting and the entity conducting the inspection about the implementation of post-inspection recommendations.