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Share capital increase under present provisions of articles of association — pre-emptive right problem

100%
Chylicki P.
Prawo
|
2013
|
issue 315/1
EN
The article relates to the increase of share capital in limited liability company (spółka z ograniczoną odpowiedzialnością) without altering the articles of association. Particularly, the article encompasses the subject whether it is admissible to restrict the pre-emptive right of current shareholders to subscribe shares in increased capital in the procedure of “simplified increase of capital,” arguments against such admissibility raised both in legal literature and judical opinions and arguments in favor of such admissibility. The thesis presented in the article is that the restriction of exclusion of pre-emptive right of current shareholders is de lege lata admissible in the procedure of “simplified increase of share capital.”
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Analiza historyczno-prawna rozwoju instytucji spółki z ograniczoną odpowiedzialnością w Europie Zachodniej i Polsce

72%
Nazaruk P.
Studia Gdańskie. Wizje i rzeczywistość
|
2014
|
vol. 11
389-401
EN
The subject of this article is to assess evolution of the institution of a limited li-ability company as an intermediate form of conducting business between a partnership and a joint stock company, which is a pure company. The article depicts the process of development of a limited liability company from the Roman law to 19th century, when the German legislator, as the first one in Europe, regulated a limited liability company. In the next part of this article the thorough examination of subsequent regulations of a limited liability company, which are in force since 20th century in Poland and in other European countries, was presented. Furthermore, special attention was made to the legislative process of the Polish limited liability company, which is regulated in the Code of Commercial Companies of 2001.
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