Open AccessPośrednie umieszczenie nazwiska komandytariusza w fi rmie spółki komandytowej w świetle art. 104 § 4 k.s.h
Author(s) -
Mateusz Grześków
Publication year - 2018
Publication title -
studenckie prace prawnicze, administratywistyczne i ekonomiczne
Language(s) - English
Resource type - Journals
ISSN - 1733-5779
DOI - 10.19195/1733-5779.24.2
Subject(s) - general partnership , limited liability partnership , limited liability , liability , law , business , debt , law and economics , strict liability , political science , economics , finance
The indirect placement of a limited partner’s surname in business name of a limited liability partnershipIn the limited liability partnership, whose general partner is a non-natural person, there is a possibility that in its business name may occur an indirect placement of a limited partner’s surname when general partner’s business name contains surname of a limited partner. Accordance to art. 104 § 3 of Polish Code of Commercial Companies CCC limited liability partnership’s business name shall contain full business name of at least one of its general partners who are non-natural persons. In the result art. 104 § 4 CCC is infringed by the force of the law itself. This conflict of laws can be resolved by application of either lingual or functional interpretations of these contracting to each other provisions. Due to the needs of business practice, more liberal approach to the application of art. 104 § 4 should be adopted. Additionally, it would be wrong to punish entities who are acting in accordance with law for obeying it. Finally, the indirect placement of a limited partner’s surname in the business name of a limited liability partnership shall not result in holding limited partner liable for its debts.