Kompetencje zarządcy przymusowego przedsiębiorstwa spółki z o.o. będącej komplementariuszem w spółce komandytowej

Abstract

This study is devoted to the issue of the competence of an involuntary administrator (forced manager) established in security proceedings, provided for in the provisions of the Code of Civil Procedure, as part of the forced administration of an enterprise of a limited liability company, which is a general partner of a limited partnership. There is doubt as to whether such forced manager can also manage the limited partnership enterprise. In other words, the topic of the work boils down to the question of whether the forced manager of a limited liability company enterprise may conduct a limited partnership’s affairs and represent a limited partnership before third parties. The following issues were discussed in the paper: the separate subject matter of the general partner and limited partnership, the institution in the form of forced management over an enterprise belonging to the general partner in a limited partnership, the title of general partner for participation in a limited partnership, the effects of forced management over the general partner’s enterprise. Finally, arguments were presented for the thesis that the forced manager of an enterprise of a limited liability company he is not competent to manage a limited partnership enterprise.