III SZ 2/96
AI generated
Supreme Court held that trading receivables with own capital is not a banking act requiring license.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court ruled that a company trading receivables using its own capital does not require a banking license. The tax office imposed fees because the company failed to register these financial transactions, arguing they constituted a banking act. The court decided that without using third-party funds or taking on debt, the activity remains a standard commercial operation rather than a regulated banking function.
Legislator headnote
AI generatedArt. 11 ust. 59 Prawa bankowego; Art. 7 ust. 1 pkt 2 ustawy o VAT; Art. 3 ust. 1 pkt 5 lit. a ustawy o opłacie skarbowej: Trading receivables by a commercial company using only its own capital does not constitute a banking act requiring a license from the National Bank.
Keywords
AI generated
banking license requirement
trading receivables
own capital vs third party
tax fee on civil acts
commercial activity definition
Cited Legislation
AI generatedArt. 11 ust. 59 of the Banking Law of 31 January 1989
Art. 7 ust. 1 pkt 2 of the Act of 8 January 1993 on VAT and excise duty
Art. 3 ust. 1 pkt 5 lit. a of the Act of 31 January 1989 on tax fees
art. 61 Konstytucji
art. 555 k.c
Cited Case Law
AI generatedIII CZP 20/92