Anna Dąbrowska-Lipka on the function of advisor to the supervisory board in “Rzeczpospolita”

Last Friday (the 20th of May 2022), the “Rzeczpospolita” daily once again published an expert article by Anna Dąbrowska-Lipka. This time, the specialist made an in-depth analysis of the act of 9 February 2022 amending the Commercial Companies Code and certain other acts. 

Real support or source of conflict?

The topic raised by our expert in the publication entitled: ”Supervisory board advisor – support for the company or a source of internal conflicts?” concerns a new institution introduced under the amendment of the above-mentioned Act. Under the new regulations (which are to come into force on the 13th of October 2022), a newly appointed entity called advisor to the supervisory board will provide expert support to capital companies. Its tasks and competencies will include the analysis of specific matters concerning the operations of companies, and their assets, or the preparation of specific studies, expert opinions, or opinions.

The legislator’s attempt to professionalize them should be appreciated, especially given the limited legal capacity of the supervisory board. On the other hand the introduction of a new institution increases the risk of internal conflicts or confusion regarding the competencies of company’s organs.

For that reason, the author recommends the implementation of appropriate regulations that will adjust the new institution to the company’s needs and at the same time will minimize the risk related to its introduction. An interesting issue taken up in the article is also the problem of making the company’s cooperators available to the supervisory board.

Polish subscribers to the Rzeczpospolita daily may read a detailed analysis of the problem by Anna Dobrowska-Lipka by clicking here.