On January 30, 2015, under the number III CZP 34/14, the Supreme Court in the extended adjudicating panel has passed an important resolution concerning the way of giving and entering into the National Court Register the commercial power of attorney. The resolution has been passed on application of the First President of the Supreme Court in regard to the serious discrepancies in the existing jurisdiction of registry courts.
According to the resolution, it is inadmissible to entry into the entrepreneurs’ register of the national Court Register one holder of the commercial power of attorney upon reservation that he or she may act only together with a member of the management board. It is a common way of giving the commercial power of attorney and the passed resolution means that the above mentioned restriction has no effect towards the third parties. Such holder of the commercial power of attorney can effectively represent the company by him-/herself.
According to the literal wording of the Civil Code, the joint commercial power of attorney may refer only to several holders of the commercial power of attorney and not to a holder of the commercial power of attorney and a member of the management board and this was the reason of the Supreme Court’s resolution. The resolution may require changes in the mode of operation of the holders of the commercial power of attorney in many polish companies.