Commencement of the limitation period for the claim under Article 299 § 1 of the Commercial Companies Code in the context of the creditor's due diligence in pursuing
Abstract
The correct marking of the commencement of the limitation period for the claims of the company's creditor against the members of its management board is of great practical importance. Based on article 299 § 1 of the Commercial Companies Code in connection with art. 4421 § 1 of the Civil Code, this may take place irrespective of the actual moment of becoming aware of the ineffectiveness of enforcement against the company. The purpose of this article was to analyze the inactivity or delay of a creditor of a limited liability company. in pursuing claims from a due diligence perspective, as well as presenting a basic due diligence model that may be used when assessing the actions of an injured creditor and calculating the beginning of the limitation period for his claims. The conducted considerations allowed for the conclusion that the negative consequences of the creditor's omission are the dismissal of a management board member from liability according to art. 299 k.s.h. (if the creditor did not initiate enforcement against the company on time, although enforcement was possible) and commencement of the limitation period on a date earlier than the moment of actually obtaining information about the ineffectiveness of the enforcement against the company.
Keywords:
limitation period for claims, due diligence, pursuing claims, the liability of members of the company's management boardReferences
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