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Jurkiewicz Law Firm
Advisor to the Supervisory Board.
The 2022 amendment to the Commercial Companies Code introduced the possibility for Supervisory Boards of limited liability companies to use and joint-stock companies and Simple joint-stock companies from the services of an advisor to the Supervisory Board. Advisor to the Supervisory Board is an entity/person selected by the Supervisory Board to investigate a specific matter concerning the company’s operations at the company’s expense. An advisor to the supervisory board may also be selected to prepare the necessary analyzes and opinions. In this respect, the Supervisory Board has its own right to conclude agreements with the advisor. The reason for these regulations is the change in the rules of liability of members of Supervisory Boards. After the amendment, they are obliged to exercise due diligence. The obligation to exercise due diligence will be ensured if a member of the Supervisory Board acts within the limits of justified economic risk, including on the basis of information, analyzes and opinions that should be taken into account
attention when making an assessment.