Abstract

The article is discusses issues relating to the resignation of the last member of a shareholding company’s governing body. This subject requires a new analysis after 1 March 2019 when the amendments to the Commercial Companies Code which introduce specific provisions in this regard came into force. Part I of the article includes general comments on the new regulation as well as on its application to a limited liability and a simple joint-stock company. The new regulation has proved to be maladjusted to the principles of the functioning of shareholding companies. Moreover, the new resignation procedure itself is also flawed. As a result, in practice application of the new rules on resignation will be probably often excluded in the articles of association of shareholding companies.