Published: 2023-07-16

Prohibition of issuing instructions by the supervisory board to the management board of a limited liability company

Grzegorz Adam Kawalec
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.4999

Abstract

This article deals with the interpretation of the concept of “issuing binding orders” contained in Article 219 § 2 of the Code of Commercial Companies. This concept has been analyzed in terms of the application of the applicable regulation in practice. In the article, the greatest attention was focused on the possibility of influencing the management board by the supervisory board in matters of the basic functioning of the discussed form of commercial law company. Considering the adopted practice of a “strong” management board and a “weak” supervisory board, the author focused on analyzing Article 219 § 2 of the Commercial Companies Code in relation to the indicated practice and the admissibility of influencing the supervisory board on the management board’s activities regarding the conduct of the company’s affairs.

Keywords:

management board, supervisory board, binding instructions, Commercial Companies Code

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Citation rules

Kawalec, G. A. (2023). Prohibition of issuing instructions by the supervisory board to the management board of a limited liability company. The Opole Studies in Administration and Law, 21(1), 83–99. https://doi.org/10.25167/osap.4999
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