Monitor Prawniczy
no. 5/2021
Amendments to a limited partnership agreement
DOI: 10.32027/MOP.21.5.4
Autorka jest doktorantką Studium Doktoranckiego Wydziału Prawa i Administracji. Instytutu Nauk Prawnych Uniwersytetu Śląskiego w Katowicach; ORCID: 0000-0002-8704-8589.
Abstract
The article discusses selected problems relating to amendments made in a limited partnership agreement. The analysis of the legal nature of the aforementioned process leads to a conclusion that the characteristics of a resolution should not be attributed thereto – it may only be effected as modification of the agreement. The wording of the provisions of Art. 9 of the Commercial Companies Code also arouses serious doubts since there are no protective regulations concerning partners whose rights or obligations are to be affected. In a limited partnership, whose shareholder is a limited liability company and a member of the management board of the said company, Art. 210 of the Commercial Companies Code shall apply to the amendment of the partnership agreement.