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Uprzywilejowana pozycja skarbu państwa w spółkach kapitałowych a ochrona strategicznych interesów państwa

100%
Kowalczewska K.
Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje
|
2015
|
vol. 17(17)
92-109
EN
The synthesis of the privatisation process concerning state-owned enterprise is presented in combination with the privileged position of the Treasury. The concept of a golden share is juxtaposed with the principle of equal treatment of the shareholders and the qualification of enterprises strategic because of the important public interest. Examples of Polish regulations are presented in the light of the case law of the European Court of Justice.
2

Dopuszczalność „złotej akcji” w polskim systemie prawa spółek

63%
Piotrowski T.
Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne
|
2017
|
vol. 21
167-176
EN
The present article is devoted to admissibility of the “golden share” in Polish stock company. The current legislation does not explicitly allow or prohibit the existence of this statutory instrument. The article considered the possibility of granting such special privileges both as a shareholding privilege and as a personal right granted to a shareholder. The admissibility of these concepts has been assessed on the basis of the rules and common rules of company law, as well as the concepts incompatible with them has been criticised. In addition, the issue of statutory “gold shares” of the State Treasury, which grants the relevant minister a right to object to the specific decisions of the company, is outlined. Regulations and concepts under the current and previous law has been compared, as well as the above solutions were compared with the general rules and principles of company law.
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