Legal breakfast at the Sobańskich Palace


15 April 2008

Partners: Rafał Kos and Henryk Gaertner represented the Law Firm during a legal industry breakfast organised together with Harvard Business Review Poland and Wolters Kluwer Poland at the Polish Business Roundtable Club in the Sobański Palace. The topic of the breakfast was the responsibility of management board members. Within the context of current case law as well as the speakers’ personal experience, we answered such questions as:

  • Is a management board member responsible for their company’s legal dispute ending in its defeat?
  • Does the principle of collegial functioning of the management board in a joint stock company and division of work and control signify that all management members bear the risk of responsibility for damage caused by the decision of one of the management board’s members?
  • What should a management board member do in the event of refusal of discharge from their duties in order to minimise their risk of responsibility? How to defend oneself against a resolution repealing a resolution on discharge from duties?
  • Is a management board member responsible for a contribution in kind with a hidden defect which a shareholder concealed?