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REDUCTION OF THE COMPANYВ’S CAPITAL BY REDEMPTION OF SHARES AS A PREMISE FOR DECLARATION OF BANKRUPTCY OR LIQUIDATION. LEGAL AND TAX ASPECTS IN THE CONTEXT OF POLAND.

M. Stanislawska

Abstract

This article analyzes the problem of reducing the company's share capital by redeeming shares of shareholders, which may constitute a premise for the declaration of bankruptcy and liquidation. The purpose of this article is to present significant issues regarding the process of redemption of shares regarding tax law. The redemption of the company's shares leads to the destruction of the shares held by the shareholder, which may lead to its total exclusion of the partner from the company. The process of redeeming shares in a company may also be a planned activity aimed at recovering contributions made to the company before its bankruptcy or liquidation. Topics related to the possibility of applying the company's capital redemption process should be a key area of interest not only for scientists but also practitioners, due to the danger associated with the implementation of premises for bankruptcy. As studies and examples from life indicate, the procedure for redemption of shares is due to the nature of legal entity redeeming shares in a capital company and existing doubts about the resulting legal and tax consequences as a result of such action, the analysis of the indicated topic seems necessary.

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DOI resolver: doi.org/10.5593/sgemsocialF2018/1.6/S03.065

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