Companies in COVID-19 quarantine: A potential breakthrough in remote board meetings in Poland

One of the many challenges we are facing as a result of the COVID-19 are disruptions in functioning of board meetings and decision-making processes in companies.

The regulations of the Polish company law seemed a little outdated even before the era of the sanitary lockdowns. While skyping and conf-calls were far from being unheard of among directors in Poland, the legal reality has been that decisions taken by supervisory boards in limited liability companies (sp. z o.o.), as well as by the supervisory boards and management boards in joint-stock corporations (S.A.) should be - as a rule - made during meetings attended personally. So far, Polish company law has failed to determine how any new communication technologies may be utilised for holding meetings of the management boards. And in case of supervisory boards, it has allowed for new technologies facilitating meetings only if such possibility had been directly specified in the articles of association of the corporation.

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