Wojciech Gonet
Comments on complex nature of regulations on conclusion of agreements between a bank and members of its bodies
The article discusses the conclusion of agreements between a bank and members of its supervisory and management boards. Attention has been paid to the developed and complex regulation of these issues which arise mainly from different organisational and legal forms of banks. It has been pointed out that the organisational and legal form of the bank generates different consequences of non-observance of the requirements imposed by the Banking Act. In addition, the organisational and legal form has an impact on the way the bank is represented in the agreements between bank and members of its bodies. From the practical point of view these issues are important because conclusion of the agreements between the bank and members of its bodies incurs a risk of generating losses for the bank. In the final part of the article postulates of amendments to the applicable law have been formulated. It has been suggested that the conclusion of agreements between the bank and the members of its bodies is regulated only in one legal act, i.e. the Banking Act. It has been also highlighted that the issue of the way the bank is represented at the conclusion of the agreements with the members of its bodies needs to be uniformly regulated.
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