I PKN 489/97
AI generated
Employment contract with LLC board member voided due to lack of supervisory board representation under Art. 203 KH.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation appeal regarding an employment contract with a board member of a limited liability company. The lower court found the contract void because it was signed without the required supervisory board or authorized proxy, violating Art. 203 of the Commercial Code. The Supreme Court ruled that this violation renders the contract absolutely void regardless of the parties' intent or the company's structure.
Legislator headnote
AI generatedArt. 203 KH; Art. 58 § 1 KC: An employment contract with a board member of a legal entity is absolutely void if concluded without the representation of the supervisory board or a proxy authorized by shareholders' resolution.
Keywords
AI generated
employment contract validity
board member representation
supervisory board requirement
absolute voidness
limited liability company
commercial code provisions
cassation appeal dismissal
Cited Legislation
AI generatedArt. 203 KH
Art. 58 § 1 KC
Art. 201 KH
Art. 393 § 12 KPC
Art. 98 § 1 KPC
Cited Case Law
AI generatedI PZP 7/95
Supreme Court declares employment contract between one-person LLC and its managing director void due to lack of subordination.
II UKN 37/96
Supreme Court dismisses appeal; self-employment contract in one-person LLC is void due to lack of subordination.
II UKN 86/96
Supreme Court voids employment contract between sole shareholder-manager and company for self-dealing evasion of social security law.
SA w Gdańsku z dnia 13 września 1993 r., I ACz 617/93
SA w Gdańsku z dnia 28 października 1993 r., III APr 87/93
I ACz 617/93