Solution to the dilemma – bankrupt’s assets after company's deletion from the register

In the event of disclosure of the joint stock company assets after deletion of such company from the commercial register apply by analogy the provisions of the code of commercial companies relating to the winding up of the share company under organization.

This is due to the resolution of the Supreme Court of December 3d, 2014, ref no III CZP 90/14.

Supreme Court judgement points to issues of the bankrupt company’s assets disclosed after the completion of the winding-up process. Doubts that appear in this issue in legal decisions and jurisprudence apply to the circle of persons entitled to newly disclosed assets, how and the extent to which such powers can be achieved.

Supreme Court has committed in this respect the application by analogy of art. 170 of the Code of Commercial Companies, that allows to conduct proceeding of the limited liability company.

Presented dilemma had to be resolved several times in practice of the lawyers of this Firm and was never for him a good solution. Resolution is valuable means although as it seems, we have to deal directly with lack of needed general regulation.

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