Legal victory for HANTON law firm under article 299 of the KSH
HANTON Law Firm represented a businessman who encountered difficulties in enforcing a debt owed by a limited liability company. Despite exhausting all enforcement options against the company, the liability remained unpaid. In view of the above, the Law Firm recommended filing a lawsuit in court against the members of the management board of the insolvent Ltd. based on the provisions of article 299 of the KSH. The court's decision confirmed the validity of the recommendation - as a result of the judgment, the client received the entire amount due, together with interest, directly from one of the members of the management board of the debtor company.
According to the wording of article 299 of the KSH, members of the management board of a limited liability company may be personally liable for its obligations if enforcement against the company proves ineffective. The condition for imputation of liability is to show that, while serving on the board of directors of the debtor company, the person failed to take appropriate measures that could protect creditors from losses, such as filing a bankruptcy petition in a timely manner.
The court's final decision in the case in question confirmed the validity of the claims asserted, which once again proves the effectiveness of HANTON's lawyers in representing clients in management liability cases.
The client was represented by HANTON managing partner Adam Szalc and attorney-at-law Anna Głusiec. HANTON Law Firm remains available to clients who find themselves in a similar situation and who, in the face of ineffective enforcement against a limited liability company, need support in asserting their rights.
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