Abstract

The article discusses the conditions of a company’s participation in a group of companies under newly added Art 211 § 3 of the Commercial Companies Code. The existence of a group of companies and the need to take actions in its interest are associated with a number of far-reaching legal consequences. Therefore, identification of the conditions required for the formation of a group of companies is of paramount importance. Unfortunately, the provisions concerning groups of companies are not clear and precise enough in this regard. In consequence, the author will try to determine the what conditions a company should meet in order to be part of a group of companies, indicating also possible consequences of unlawful (defective) participation.