Monitor Prawniczy

no. 24/2020

On the optimum model of the law on group of companies. Critical remarks on the draft of corporate law of 20 July 2020 (Part II)

DOI: 10.32027/MOP.20.24.1
Krzysztof Oplustil
Autor jest profesorem nadzwyczajnym w Katedrze Polityki Gospodarczej UJ; ORCID: 0000-0001-8010-1781.
Abstract

The article is a second part of the study devoted to the draft law on groups of companies, which is currently under legislative work. The article presents a critical analysis of the proposed regulations concerning the issuing and executing so-called binding instructions (orders) and the parent company’s liability towards a subsidiary, its minority shareholders and creditors. The draft regulation aimed at providing the managers of group companies with a „safe haven” by excluding their civil and criminal liability under the exhaustively listed provisions has been also critically assessed.