The Polish Model of a Limited Joint-Stock Partnership in Comparison with Other European Legal Systems

Moszyńska Anna (), Sikorska-Lewandowska Aleksandra () and Kłoda Mariusz T. ()
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Moszyńska Anna: Prof. Dr., Nicolaus Copernicus University in Toruń, Faculty of Law and Administration, Department of Commercial Law, Maritime Law and Civil Procedure, Toruń, Poland.
Sikorska-Lewandowska Aleksandra: Dr., Nicolaus Copernicus University in Toruń, Faculty of Law and Administration, Department of Commercial Law, Maritime Law and Civil Procedure, Toruń, Poland.
Kłoda Mariusz T.: Dr. Candidate, Nicolaus Copernicus University in Toruń, Faculty of Law and Administration, Department of Commercial Law, Maritime Law and Civil Procedure, Toruń, Poland.

European Company and Financial Law Review, 2023, vol. 20, issue 5-6, 866-886

Abstract: 866The Polish regulation concerning a limited joint-stock partnership has been in force since the date of entry into force of the Commercial Companies Code (CCC). The CCC divides commercial companies into “partnerships” and “capital companies”. Each of those two types of commercial companies is governed by separate rules. The completion of twenty years of Polish CCC in force prompts us to analyse the juridical model adopted by the legislature, according to which limited joint-stock partnership is classified as a partnership. During this period, there have been significant events making the verification of the validity of this model possible, including Poland’s accession to the European Union (EU), which has resulted in the need to adapt national regulations to EU law – both in the field of private law (including commercial law) and public law (including tax law). The need to amend the domestic law in connection with the implementation of Directive (EU) 2019/2121 of the European Parliament and of the Council of November 27, 2019 amending Directive (EU) 2017/1132 (as regards cross-border conversions, mergers, and divisions of companies) – is a direct motivation for undertaking research on a Polish limited joint-stock partnership.867

Date: 2023
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DOI: 10.1515/ecfr-2023-0036

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