Ochrona wierzycieli spółki z o.o. poprzez konstrukcję faktycznego członka zarządu

Abstract

PROTECTION OF CREDITORS OF LIMITED LIABILITY COMPANY THROUGH THE CONSTRUCTION OF DE FACTO DIRECTOR

The article provides an analysis of admissibility and functionality of the construction of de facto director in Polish company law as a measure of protection of creditors of limited liability company.
De lege lata this construction can be useful as a basis of the liability of company members against their own company. De lege ferenda the liability of company members should be extended and company creditors should have a possibility — but only in particular cases — of asserting their claims directly against company members.