Publication details
Střet zájmů v osobních společnostech: notifikační povinnost a s ní spojené otázky
| Title in English | Conflict of Interest in Partnerships: Notification Duty and Related Issues |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Article in Proceedings |
| Conference | Cofola 2019 - Část V. Osobní společnosti |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | Notification Duty; Conflict of Interest; Partnerships |
| Attached files | |
| Description | General duty of board member to notify conflict of interest to other board members and to supervisory board, if established, otherwise to general meeting arises from sections 54 and 55 of the Business Corporations Act. Members of statutory body in partnerships have the same duty, but there is no supervisory board. Because of that, the paper deals with a question to whom and how a notification duty in cases of conflict of interest in partnerships shall be fulfilled. It also addresses a question, whether the consent of the partner, whose conflict of interest is in question, is required for a subsequent decision to suspend performance of his function of statutory body member or to prohibit the conclusion of a contract. |
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