Rada nadzorcza spółki kapitałowej działająca w niewłaściwym składzie osobowym

The article discusses the issues and chosen problems related to composition of supervisory board. In the fist part were presented important competences and tasks of the supervisory board from the viewpoint of management practice. Another identified problem concerns submitting resignations from membership in supervisory board. This subject matter has significant meaning for ability to adopt valid resolutions. The paper also contains thoroughly analysis of legal regulation of the chimney and anticorruption act – a bans referring to holding many positions in state companies. The special attention was paid to interpretations applied by public authorities, comparing these opinions with views including jurisprudence of the Supreme Court. In final part, were formulated conclusions and recommendations for selecting candidates appointing to the structure of supervisory board, stressing the need of filing the appropriate declarations.

Waldemar Walczak