Kategoria: News

“Limited” proxy does not affect the validity of the legal action

District Court in Gliwice recognized the lawsuit filed by lawyers from the Office of Duraj & Reck and partners in Katowice for payment against unreliable contractor.

Firm filed on behalf of the customer’s claim for payment under writ. The defendant company raised the objection that the annex to the agreement between the parties is invalid because it was only bears the signature of a proxy. According to the company’s proxy was then limited, because the proxy should interact with a member of the board or act with the consent of the board during the declarations of will on behalf of the company.

Lawyers in response to an objection to the payment order to undermine the position of the debtor citing, among others, the resolution of the Supreme Court of 30 January 2015 adopted the panel of 7 judges, in case no. III CZP 34/14. According to which entry in the register of entrepreneurs in the National Court Register a proxy, provided that it can only work in conjunction with a board member is inadmissible. Moreover, in this situation there was no so-called. joint-proxy, because for the defendant company was established only one proxy, and the institution of joint representation refers to at least two proxies. Lawyers have indicated, moreover, that the joint-proxy can occur only if the management board consists of more then one person, while the company defendant’s body was single.

The court fully shared the opinion of lawyers from the law firm Duraj & Reck and Partners and found his claim in its entirety.