Monitor Prawa Handlowego

no. 2/2016

Simple Joint-Stock Company – unnecessary multiplication of beings or a proper remedy for the problems of entrepreneurs?

Paulina Dzierżak
Autorka jest adwokatem w Jara Drapała & Partners, doktorantką w Katedrze Międzynarodowego Prawa Prywatnego i Handlowego na WPiA Uniwersytetu Warszawskiego.
Abstract

The article presents major assumptions for the outline concept of the simple joint-stock company released by the Ministry of Development. The Ministry correctly identified the constraints of business expansion for a limited liability company. However, multiplication of legal forms does not seems to be the proper remedy for the problems of entrepreneurs. Establishment of a simple joint-stock company would not remove legislative defects with respect to a limited liability company and therefore would lead to its annihilation.

What is needed is an in-depth reform of a limited liability company which would make its legal regulation more flexible and simplified. The current Polish regulations are far from being competitive as compared with the solutions in other European countries.