Member of management liable under Art 299 KSH if holding office at debt creation, not necessarily demand date.
Legislator summary
AI generatedThe court ruled that a member of management bears liability under Article 299 of the Commercial Companies Act if they held office at the time the debt arose, regardless of when it became due. The plaintiff argued liability should attach only upon the debt's demand date, while the defendant contended liability requires holding office at creation. The court rejected this distinction, establishing that the critical moment for establishing liability is the date the debt was created.
Legislator headnote
AI generatedArt. 299 Kodeksu spółek handlowych; A member of management is liable for damages caused by the company if they held office at the time the damaging act occurred, irrespective of whether they held office when the claim became due.
Keywords
AI generatedCited Legislation
AI generatedFull text
członek zarzadu ponosi odpowiedzialnosc z art 299 ksh rowniez jezeli pełni funkcje w dacie powstania wierzytelnosci , a niekoniecznie w dacie jej wymagalnosci.