Scholarly record

ASPECTS OF THE LEGAL STATUS OF PARTICIPANTS IN COMMERCIAL PARTNERSHIPS AND COMPANIES WHICH FACILITATE THE IMPLEMENTATION OF VENTURE-CAPITAL SUPPORT, AS EXEMPLIFIED BY THE PROVISIONS OF THE POLISH COMMERCIAL COMPANIES CODE

G. Koziel

Abstract

The aim of the research work is answer the question: what elements of the legal status of partners (or shareholders) of commercial companies (including partnerships and companies) and what extent, can facilitate the implementation by investors support in the form of venture-capital from the perspective of, significant extent representative of the so-called continental system of company law in Europe, regulation of the Polish Commercial Companies Code of the 15 September 2000 (c.t.: J.L. 2016, it. 1578, hereinafter: CCC)? The work was used primarily by dogmatic, in which in particular by grammatical, systemic and functional interpretation, set which components of the legal position of individual commercial companiesВ’ participants can facilitate the smooth implementation of venture-capital support. The study shows that the most elements which contribute to the investment of venture-capital, in particular by excluding the risk and responsibility for the obligations, occurs within the legal statuses of the partners (or shareholders) of capital companies (or stockholders in limited joint-stock partnerships). Legal positions of commercial partnershipsВ’ participants, although not all are generally appropriate for the implementation of these investments, as a rule, to a greater extent provide or can provide the current impact on the implementation of these investments. From this perspective the work, primarily materially expands the existing fairly general (and superficial) theoretical and practical perception of commercial companies as instruments for support of venture-capital, through the specific reference associated with this characteristics of the individual components of partnersВ’ (or shareholdersВ’) legal status, in addition to showing a certain, more or less flexibility specific status, that can respond to the individual preferences of specific investors.

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