Commercial proxy - Lawyer in Poland
Concept of commercial proxy.A commercial proxy is a power of attorney granted by an entrepreneur that is subject to the obligation to be entered in the commercial register; such power of attorney includes the authorization to act in and out of court in respect of running an enterprise. A commercial proxy cannot be limited with effect towards third parties unless a specific regulation provides otherwise.
Obligatory written form.A commercial proxy should be granted in writing; otherwise it will be invalid.A holder of a commercial proxy may be an individual with full capacity for legal acts.
Special power of attorney.The disposal of an enterprise, the performance of a legal act under which an enterprise is handed over for temporary use, and the disposal and encumbrance of real estate require a power of attorney for a particular act.
Joint commercial proxy.A commercial proxy may be granted to several persons jointly (a joint commercial proxy) or individually. Declarations or letters to an entrepreneur may be made and delivered to one of the persons who have been granted a joint commercial proxy.
Branch commercial proxy.A commercial proxy may be limited to matters entered in the register of the enterprise's branch (branch commercial proxy).
No transfer.A commercial proxy cannot be transferred. The holder of a commercial proxy may appoint an attorney-in-fact for a particular act or a certain type of acts.
Revocation, expiry of commercial proxy.A commercial proxy may be revoked at any time.A commercial proxy expires if the entrepreneur is deleted from the register and also if bankruptcy is announced, liquidation is opened or the entrepreneur is transformed.A commercial proxy expires upon the death of its holder.Neither the death of the entrepreneur nor the loss by him of his capacity for legal acts extinguishes the commercial proxy
Obligation to notify register.An entrepreneur should notify the commercial register of the granting and expiry of a commercial proxy. The notification of granting a commercial proxy should specify its type, and in the case of a joint commercial proxy, also the manner in which it is exercised.
Signature in accordance with specimen signature.A holder of a commercial proxy sets his signature in accordance with the specimen signature in the registry files, along with a note indicating the commercial proxy unless it follows from the document that he is acting as holder of a commercial proxy