Commercial Code says that if the execution against the company proves to be ineffective, the board members jointly and severally liable for its obligations. However, you can avoid this liability, among others when you apply for bankruptcy of the company. Now if you apply with an error, you can correct it!
recall that a trustee may be released from liability for the debts of the company if it demonstrates that: •
timely application for the bankruptcy or arrangement proceedings or what
• Though not a bankruptcy petition has been filed and no action had been initiated the arrangement, but there was no fault or
• despite the failure to notify of the bankruptcy and composition proceedings niewszczęcia creditor has not suffered injury
(Art. 299 CCC).
member of the management principles of accountability for the tax debts of the company are similar. The basic premise of allowing avoidance of the above. responsibility is to submit on time an application for bankruptcy of the company.
Until you have put a proposal to declare bankruptcy, which does not satisfy the requirements of the Act or has been improperly paid, the court addressed without calling it a supplement or pay. From 22 December 2010, so it will be only if the request has been filed by representing you lawyer. From that date, apply changes to the Bankruptcy Act, and repair work to bring these benefits to you the rules.
So, if you make a mistake in a proposal that you bring yourself, you'll have a chance to correct it, the proposal will be deemed made in the initial period. Therefore find it easier to avoid liability for the debts of the company.
more about matters related to the everyday functioning of the board of a limited liability company, see the guide "Advisor to the President a limited liability company."
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