Protection of the interests of capital companies in selected judgments of the supreme court pertaining to the application of article 210 (379) of the code of commercial companies

The paper aims to examine selected issues of representation of a company, which will be carried out on the basis of a special provision laid down in Article 210(1) (379(1)) of the Code of Commercial Companies. The objective of the provision is to protect the company’s interests and the way to achieve this goal is through exclusion of the management board from representation in contracts and disputes between the company and a member of the management board. The paper seeks to examine the scope of application of Article 210(1) of the Code and to determine the legal nature and types of power of attorney that can be granted pursuant to the provision. The analysis is based on a rather complex factual case, and examines legal relationships in a limited partnership in which a limited liability company and a member of its management board are partners.