Supreme Court rules non-divided cooperative bears liability for debts of newly registered entity after deregistration.
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding the liability of a cooperative after its registered division was annulled and the new entity deregistered. The plaintiff sought payment from the original cooperative for a patent project used by the newly formed entity, which had operated independently despite the invalid division. The court held that the original cooperative remains liable because the new entity acted in its own name and no statutory provision mandates the transfer of pre-existing debts upon deregistration.
Legislator headnote
AI generated§ 20 rozporządzenia Rady Ministrów z dnia 14 marca 1983 r. w sprawie rejestru spółdzielni; When a cooperative division is annulled and the new entity is deregistered, the original cooperative remains liable for debts incurred by the new entity during its existence.