Appointment of commercial proxy holder to body authorised to represent enterprise

Abstract

It is debated both in the literature and in the judicial decisions whether the roles of a commercial proxy holder and a member of a body authorised to represent an enterprise may be combined. When solving this controversy, the impact of performing these roles simultaneously on the security of legal transactions and of the enterprise should be examined. If it is held that the roles of a commercial proxy holder and a representative body member cannot be combined, the effect of appointing a commercial proxy holder to such body should be determined. It may lead to either the expiry of the commercial proxy or the invalidity of their appointment to such a body.