It is unacceptable that an entry in the National Court Register indicates that a company may be represented by a single holder of a commercial power of attorney [prokurent], while stipulating that the holder thereof may only act jointly with the member of the management board. To be more specific, even if such entry is included in the National Court Register, it should not produce any legal effects.

However, that issue has been clarified only recently. It was not until 30 January 2015 that the Supreme Court, in extended composition, adopted a resolution (ref. III CZP 34/14) scrapping joint irregular commercial power of attorney (since that was the term used for the representation by a single holder of commercial power of attorney, with the reservation that the holder thereof may only act jointly with the member of the management board).

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- The projected changes should be considered appropriate and justified considering the trade practice after the issuance of the resolution by the Supreme Court - comments Aleksandra Pokropek PhD, attorney-at-law at FKA Furtek Komosa Aleksandrowicz.

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- In the justification of the resolution, the Supreme Court pointed out that due to a long-standing practice of acknowledging that kind of commercial power of attorney, tolerated by many registry courts, the interpretation accepted by the SC was to be binding in the future, starting from the adoption of the resolution - reminds Attorney Pokropek.

Thus, what it means to the present practice is that due to current legal status it is impossible to enter mixed commercial power of attorney in the commercial register, though, as the Supreme Court also noticed, undoubtedly, it was very convenient for many entrepreneurs.

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Prepared by: Patryk Słowik (DGP)