Mechanisms for the protection of creditors of a capital company provided for in corporate law on the example of a joint-stock company and a simple joint-stock company

Bibliogr. s. 36-40

Conducting business in the legal form of a corporation carries the risk of using the company for an unlawful purpose. A particularly exposed group are the company's creditors. Hence, creditor protection is a fundamental good protected by company law. Before introduction of the simple joint-stock company in Poland, the basic protective instrument for creditors of the capital companies was their share capital. Nevertheless, this institution has been subject of deep criticism, which resulted in the asset structure of the simple joint-stock company. The departure from the share capital paradigm forced the introduction of other new instruments in the form of solvency tests. The author conducts a comparative legal analysis of the creditor protection models applied in a joint-stock company and a simple company. The selected research method allowed to highlight the existing shortcomings. Considerations also contribute to the formulation of numerous "de lege ferenda" postulates.