Forms of Commercial Companies and Partnerships Designed for Municipal Services Management by the Commune in Polish law: The Legislation as it Stands (de lege lata) and as it should Stand (de lege ferenda)

Abstract

The article points to the forms of commercial companies and partnerships, provided for in Polish law, i.e. the Act of 2000 – Commercial Companies Code in conjunction with the provisions of the Act of 1996 on municipal services management, that can be used by a commune to run municipal services management – in particular in the procedure of their incorporation or accession to them by the commune (or holding their shares) – both in the public sphere and outside that sphere, taking into account the diverse views expressed in the literature so far relating to that issues, and extended from March 2021 based on the Act of 2019 amending the Commercial Companies Code with simple joint stock company, a catalogue of commercial companies and partnerships in general, the legal relationship between the provisions of Articles 2, 9 and 10 Act on municipal economy, the specific conditions for the incorporation (and acceding to) by the commune (or holding share rights) of commercial companies/partnerships outside the public service sphere, as well as related legal categories of companies/partnerships acting for the benefit of local government and other companies/partnerships important for the development of the commune, as well as proposals for the law as it should stand (de lege ferenda) in this area.