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THE RESULTS OF AN ENTRY OF PROCURATION INTO THE ENTREPRENEURS' REGISTER

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Grykiel J.

Studia Prawnicze

2007

issue 4(174)

19-42

The article is devoted to the issues connected with an entry into the Register of procuration. Such a registration is of a declaratory character, thus it is not necessary to establish the authorization. However, its significant legal consequences require a separate analysis. Since a date of a disclosure in the Entrepreneurs' Register, the procuration gains a broader effectiveness towards third parties, as it is connected with the binding presumptions of an openness (in its formal and material aspect) and of an authenticity of the data disclosed in the Register. The entry of procuration into the Entrepreneurs' Register results in a protection, which shall be considered, at least, in two aspects. It gives not only a possibility of making use of an extract from the Entrepreneurs' Register allowing to legitimize an existence of procuration (especially before courts and central government bodies) by its holder, but it also protects third parties, towards whom the registered entrepreneur can not question a validity of procuration entered into the Register. Furthermore, there are some benefits to an entrepreneur resulting from an entry of procuration into the Entrepreneurs' Register. Most important of them focuses on a fact that after an expiry of a period of 16 days since the data (on the procuration establishment) entered into the Register have been disclosed, no one can use the ignorance of that fact as an excuse.

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THE RESULTS OF AN ENTRY OF PROCURATION INTO THE ENTREPRENEURS' REGISTER