Liability of board members for the obligations of the company

News / 15.05.2018

The Regional Court in Warsaw, in a judgment issued in May this year, fully shared the position of The Law Firm’s Lawyers that the liability of management board members for the company’s liabilities under Article 415 of the Civil Code, in connection with the failure to timely file for bankruptcy, requires demonstration of fault, damage and an adequate causal link. However, the damage cannot arise from the operative part of the arbitration award, which does not have a validity clause. The award is not final. The value of the claim exceeded the amount of PLN 2.3 million.