Reprezentacja jednoosobowej spółki z o.o. w organizacji

The article discusses the issues related to the representation of a one-person limited liability company in organisation. Article 162 of the Code of Commercial Companies is analysed, according to which, in a oneperson company in organisation, the sole shareholder does not have the right to represent the company; however, this does not apply to the notification of the company to the registration court. This issue is of importance in the practice of trading in reference to the occurring demand for the creation of one-person limited liability companies in which the only shareholder is at the same time the only member of the management board. The existence of such companies is not prohibited by the law, however, in connection with the cited Article 162 of the Code of Commercial Companies, particular doubts arise in this respect at the stage of functioning of the company in organisation. Various interpretations of the cited provision expressed in the doctrine are also considered and de lege ferenda postulates are formulated.