Legislator Case Law & Legislation
II UK 174/10 AI generated

Voluntary transfer of company management does not exempt board members from liability for unpaid social security contributions.

Case Number II UK 174/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Lidia B., a former board member of a limited liability company, against a Social Insurance Fund decision imposing liability for unpaid contributions. The court found that although B. claimed she merely acted on her owner's request without knowledge of the company's financial state, she voluntarily assumed the role of a board member with full awareness of the debt. Consequently, the court ruled that consciously handing over management duties does not absolve a board member of their statutory obligations to monitor the company's solvency and file for bankruptcy proceedings.

Legislator headnote

AI generated

Art. 17 ust. 1 k.r.s.; Art. 39813 § 2 k.p.c.; Art. 39814 k.p.c.: The conscious and voluntary transfer of actual management of a company to a person outside the board does not release the board member from their duties or liability for their non-performance.

Keywords

AI generated
social security liability board member duties voluntary management transfer bankruptcy filing obligation limited liability company unpaid contributions cassation appeal dismissal

Cited Legislation

AI generated
Art. 17 ust. 1 k.r.s.
Art. 39813 § 2 k.p.c.
Art. 39814 k.p.c.
art. 202 § 5 k.s.h
art. 369 § 6 k.s.h
art. 39813 § 2 k.p.c
art. 39814 k.p.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text