Commentary to the resolution of Supreme Court from 25th november 2011, signature act III CZP 76/11

Joanna Główka

Abstract

Presented resolution to the Supreme Court concerns the problem of selection of the managing body of the cooperative bank among the members of the Supervisory Board, to temporarily perform the functions of the President and members of the board of the bank, without the consent of the Financial Supervision Commission. The controversy in the doctrine to lift the opinion of the Supreme Court, which admitted the bank possibility of establishing the President of the cooperative bank without prior consent from the Financial Supervision Authority, admittedly only temporarily perform this function, and without the possibility of vocation the remaining of management board members. In support of the judgment the Supreme Court underlined the cooperative nature of the bank and pointed out that a special regime under these circumstances may be used only when there is an exceptional situation, as referred to in Article 56 paragraph. 1 task thirds (this is the „if necessary”) cooperative law.