New Possibilities of Operation for Entities Other than Commercial Partnerships/Companies Provided for in the So-Called Anti-Crisis Shield

Abstract

The article synthetically summarizes in a comparative form the main new possibilities for the operation of organisational entities other than commercial partnerships/companies in their internal relations (in the area of internal decision-making, including in particular the adoption of resolutions), mainly in the area of introducing or extending the possibilities for using means of distance communication, including electronic means of communication, which were provided for by the legislature directly in the regulations consisting of the so-called anticrisis shield setting out specific support instruments due to the spread of the SARS-CoV-2 virus causing the COVID-19 pandemic, i.e. in the Act of 31 March 2020 (Journal of Laws item 568), as well as in the Act of 16 April 2020 (Journal of Laws item 695), as regards cooperatives operating under general rules, cooperative banks and entities managing the protection systems of those banks, investment funds and associations, as well as those arising from existing legal provisions or references introduced in these provisions, which in turn concerns mutual insurance or mutual reinsurance companies and foundations. Moreover, the article points to certain selected, general and specific doubts as to the manner and scope of regulation of these new possibilities of operation, as well as proposals to modify them, in the form of specific proposals de lege ferenda (for the law as it should stand), consisting of a general proposal for a broader, comprehensive and more symmetrical regulation of this matter in relation to organisational entities (including entities other than commercial partnerships/companies) according to the optimal theoretical model of its regulation.