Monitor Prawniczy

no. 8/2022

Defective regulation of form and content of a corporate order

DOI: 10.32027/MOP.22.8.2
Kamil Jurzak
Autor jest doktorantem w Szkole Doktorskiej Nauk Społecznych Uniwersytetu Jagiellońskiego, prawnikiem w kancelarii SSW Pragmatic Solutions; ORCID: 0000-0002-9145-5937.
Abstract

The amendment to the Polish Commercial Companies Code regulating so-called holding law eliminates some of the objections that occurred under previous bills with respect to the regulation of a "binding order". However, it does not seem that the manner of this institution’s regulation could be evaluated positively. Doubts may be raised in respect of provisions concerning the content and form of a binding order, which in theory are supposed to protect subsidiary companies, but in practice may have the opposite effect.