Monitor Prawniczy

no. 24/2021

Admissibility of voting by proxy at the general meeting of a craft guild

DOI: 10.32027/MOP.21.24.4
Paweł Ochmann
Autor jest doktorantem w Katedrze Prawa Gospodarczego Prywatnego Uniwersytetu Jagiellońskiego; ORCID: 0000-0001-6932-3367.
Abstract

Participation in the general meeting of a craft guild by proxy is not regulated by Polish law. As opposed to the Commercial Companies Code and the Cooperative Law, that involve voting by a proxy on general meeting of capital companies and cooperatives, the Act on Crafts does not provide for any regulation on the matter. Also the Law on Associations which may be applied to craft guilds insofar as the Act on Crafts or the Act on Employer’s Associations (a craft guild is also a sort of an association) do not provide for appropriate rules, does not specify any rules on voting by proxy. As a consequence a question arises as to the admissibility of voting by proxy. Some solution is to include appropriate provisions on voting by proxy at general meetings into a craft guild’s articles, or otherwise doubts may arise whether a proxy may be allowed to vote at the general meeting. The article makes an attempt to resolve this problem. The subject has never been discussed in the legal discourse. Moreover, there are very few analyses as regards general meetings of associations in general. Therefore such an approach to the subject seems worth to be worthwhile.