Niektóre konsekwencje zmiany statutu w międzynarodowym prawie spółek : przymusowe przeniesienie siedziby spółki

Abstract

The aim of this paper is to explore the issues arising out of so called “compulsory transfer of the registered office of the company”. The judgment of Polish Supreme Court dated 12 March, 2015 (I CSK 452/14) relates to the contemporary legal status of Polish company incorporated before the Second World War in Lemberg but still leaves many questions unanswered. The Author seeks to find the solution to the problem of the effects of a succession of States after the incorporation of the company with the use of different instruments of private international law. Observations based on the jurisprudence of American, German and French courts highlight the right to transfer the company, which has its registered office after the succession on the territory of the succesor state, to the state which law previously governed the creation of the company.