Inadequate joint commercial proxy not admissible

In its judgment of 30 January 2015, the Supreme Court stated that an entry to the register of entrepreneurs in the National Court Register of a single proxy provided that it can act only in conjunction with a member of the board is unacceptable (ref. act III CZP 34/14).

Resolution of the Supreme Court is a result of the differences in the interpretation of common courts regarding the admissibility of the this so-called inadequate joint commercial proxy. It involves granting commercial proxy to one person, provided that a proxy can act only in conjunction with a member of the board. Doctrine and case law permitting such a solution, generally justify it by practical considerations and – at the same time – stating that to this kind of legal relationships rules of joint commercial proxy or mixed representation shall be applied analogously.

The Supreme Court rejected the admissibility of such a solution. The detailed grounds for the decision shall be available soon.

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