%0 Journal Article
%T Duties of the attorney-at-law in light of the new powers of the supervisory board in limited companies
%A Garnowski, Konrad
%J Attorney-at-Law
%V 2024
%R 10.4467/23921943RP.24.028.20726
%N 3 (40)
%P 53-65
%K rada nadzorcza, nadzór, radca praw
%@ 2392-1943
%D 2024
%U https://ejournals.eu/en/journal/radca-prawny/article/obowiazki-radcy-prawnego-w-swietle-nowych-uprawnien-rady-nadzorczej-w-spolkach-kapitalowych
%X The paper presents the scope of the duties of an attorney-at-law arising from the new rights of su- pervisory boards of companies to demand certain documents and information from persons co- operating based on acivil law contract. As aresult of the introduction of the provisions of Article219 §4, Article 300 §1 and Article 382 §1of the Polish Commercial Companies Code attorneys-at-law are now obliged to provide such documents and information, but these provi- sions raise certain doubts. In the author’s opinion, the new regulations grant the right to request those documents and information that fall only within the scope of the contract between the company and the attorney-at-law for their provision of legal services. If an attorney-at-law re- ceives arequest for documents or information about arelated company, they are entitled to refuse to provide such documents or information in certain cases. In addition, regulations regarding the deadline for the provision of documents and information should be treated as mandatorily binding, and therefore take precedence over contrary provisions of the contract between the legal advisor and the company.