提高监事会的效力是商业公司法修订的目标之一

Renata Stefaniuk
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引用次数: 0

摘要

目的:本文的目的是评估《商业公司法典》关于董事会有效性的修改的合法性,然后将本文作者进行的研究结果与董事会运作的当前实践进行比较。研究方法:以公司监事会成员的实际活动为研究对象。定量调查从2018年到2021年,通过电子邮件和网站www.webankieta.pl分发问卷,并以纸质形式亲自交付。一项针对管理职位(54%)的调查显示,男性占大多数(71%)。调查对象是根据他们在国有企业担任管理人员和董事会成员的专业经验选择的。结果:在100名受访者的样本中,我们观察到,如果监事会致力于他们的职责并由合格的人员组成,监事会有助于公司的改进或良好运作,甚至经常有助于公司的发展。结论:已经形成的主要结论是确认了引入旨在提高监督有效性的法律变更的合法性,特别是在咨询和信息领域,这对于正确诊断公司的情况和正确制定发展战略至关重要。由于监事会和管理委员会成员所受的保密义务,很难从他们那里获得研究监事会和管理委员会职能所必需的准确答案。
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INCREASING THE EFFECTIVENESS OF SUPERVISORY BOARDS AS ONE OF THE OBJECTIVES OF THE AMENDMENT TO THE CODE OF COMMERCIAL COMPANIES
Aim: The purpose of this article is an assessment of the legitimacy of introducing changes to the Commercial Companies Code regarding the effectiveness of a Board of Directors, then comparing the results of the research performed by the author of the article to the current practices of the functioning of Boards. Methodology: The research covered the practical activities of company supervisory board members. A quantitative survey was conducted from 2018 to 2021 in the form of a questionnaire distributed via email, the website www.webankieta.pl, and delivered in person in paper form. A survey was conducted on people in managerial positions (54%) where men were the majority of those polled (71%). The surveyed population was chosen based on their professional experience as managers and members of the board in the state-owned enterprises. Results: On a sample of 100 respondents, it was observed that, provided the supervisory board is committed to their duties and consists of qualified personnel, the supervisory board contributes to the improvement or good functioning of the company, and often even its development. Conclusions: The main conclusion that has been formulated is confirmation of the legitimacy of introducing legal changes aimed at increasing the effectiveness of supervision, especially in the advisory and information areas, which are of key importance in the correct diagnosis of the company’s situation and in the proper shaping of the development strategy.Due to the confidentiality that members of supervisory and management boards are subjected to, it is very difficult to obtain from them the precise answers necessary to study the functioning of supervisory boards and management boards.
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发文量
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审稿时长
17 weeks
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