Kubas Kos Gałkowski Partners Involved in the Development of Amendments to the Code of Commercial Companies in the Era of the Coronavirus Pandemic


25 March 2020

The experts involved in the works of the Committee for Ownership Supervision Reform operating within the Ministry of State Assets have prepared a draft regulation streamlining the functioning of company bodies. The proposed changes are to facilitate conducting company bodies’ meetings with the use of electronic means of communication.

The proposed changes enable:

  • remote meetings of management and supervisory boards,
  • remote participation in meetings of the owners’ bodies,
  • remote work of management and supervisory boards in companies where the articles or memorandum of association do not explicitly prohibit it,
  • lifting the ban on remote resolutions concerning the election of the chairpersons and deputy- chairpersons of the supervisory board, the appointment of management board members and the dismissal and suspension of these persons,
  • in relation to the ownership bodies, the possibility for shareholders to exercise their rights by electronic means of communication, unless they decide to exclude this possibility in the memorandum or articles of association.

These solutions will be permanent in nature – companies will be able to use them even after the pandemic. Kubas Kos Gałkowski partners, Rafał Kos, PhD and Mirosław Cejmer, PhD were involved in the development of the changes.