New Group of Companies Law in Poland

On 13 October 2022, a broad amendment to the Polish Commercial Companies Code (KSH) entered into force. Under this amendment, the term ‘group of companies’ covers a controlling company and a subsidiary company or companies that are capital companies, following the resolution on participation in the group by a qualified majority of ¾ of the votes of the shareholders’ meeting of the subsidiary company. His means that the will of the companies participating in the group decides whether to apply this new regulation: it does not work ex lege, but ex contractu.
binding instructions by a controlling company, groups of companies, interest of a group of companies and interest of a subsidiary company