As a result of amendments made to the Act of 28th February 2003 on Bankruptcy and Reorganization (consolidated text: Dz. U. of 2015, pos. 233, with amendments) under the Law of 15th May 2015 on restructuring (Dz. U. of 2015, pos. 978), since 1 January 2016 the liability of a proxy for the company’s obligations is going to change.
The current wording of Art. 20 paragraph 2 point 2 of the Law on Bankruptcy provides that anyone who has the right to represent the legal person or an organizational unit without legal personality that a separate law recognizes the legal capacity, either alone or jointly with others, is entitled to the filing of a bankruptcy petition. However, since 1st January 2016 an entity authorized to submit the petition in relation to legal persons and organizational units without legal personality that a separate law recognizes the legal capacity, will be “anyone who under the act, the articles of association or the statute has the right to manage the affairs of the debtor and to represent him, individually or jointly with others“.