Abstract

In this gloss the authoress analyses the possibility of securing an action for rescinding or voiding a resolution of the shareholders meeting on personal changes in the management board by the issuance by the court of a decision to stay effectiveness of the resolution as a precautionary measure. The authoress analyses the case law of appellate courts as regards securing of actions for rescinding of resolutions, the position contained in the Supreme Court Resolution no. (7) III CZP 13/13 of 18 September 2013, as well as the special regulation envisaged by the legislator in Art. 249 § 2 and Art. 423 § 1 of the Commercial Companies Code. The authoress critically evaluates the position expressed by the Supreme Court in the commented judgment as to permissibility of securing an action for rescinding or voiding a resolution of the meeting of partners on personal changes in the management board by staying effectiveness of such resolution.

Słowa kluczowe:

staying the effectiveness of a resolution, resolution recalling a board member, securing procedure