SK&S lawyers have obtained a precedential ruling of the Supreme Court in a case concerning a prohibition on a convicted member of the management board of a capital company from holding a function

Lawyers from the law firm Sołtysiński Kawecki & Szlęzak have obtained a precedential ruling of the Supreme Court in a case concerning a prohibition on a convicted member of the management board of a capital company from holding a function.

In its ruling of 3 April 2018 (case ref. IV CSK 320/17) the Supreme Court accepted that if a management board member was convicted with a conditional suspension of the sentence, then the prohibition on holding a function which follows from art. 18 of the Commercial Companies Code cannot end earlier than with the lapse of three years from the end of the trial period. The Supreme Court did not share the majority view of the commercial law doctrine which states that in the case of a suspension of the sentence, we are not dealing with a sentence at all in the meaning of art. 18 § 3 in fine of the Commercial Companies Code.

In the rulings of the Supreme Court to date, this issue had not been examined from this point of view. The Supreme Court’s ruling is of crucial importance for business practice as legal acts performed with a company represented by a management board member who is subject to a prohibition on holding a function are subject to a sanction of invalidity.

The client in this case was represented by an SK&S team composed of Jacek Siński (Partner), Jakub Urbanowicz (Senior Associate) and Adam Gąsiorowski (Associate).

Dear Sirs,

We would like to inform you that in recent days, fraudulent emails impersonating our law firm have appeared online. In some cases, these emails include alleged invoices issued by SK&S.

Such fraudulent emails can be identified as they are sent from unusual, unknown addresses that do not belong to our domain. Additionally, these messages are often sent from addresses deceptively similar to those of legitimate senders. We want to emphasize that our law firm has no connection to these emails. All official correspondence from us is sent exclusively from addresses within the domain @skslegal.pl.

We have reported this matter to the Police, specifically to the Central Bureau for Combating Cybercrime, due to suspicions of criminal activity. Please exercise caution: carefully verify the sender’s address and avoid opening any suspicious emails or attachments. If in doubt, we recommend deleting such correspondence immediately.