Client Success: The court ruled that transforming Drutex’s business into a company without the wife’s consent was invalid.
Leszek Gierszewski, President of Drutex S.A., a leading window manufacturer, transformed his sole proprietorship into a limited liability company G Inwestycje sp. z o.o. However, he did this without the knowledge and consent of his wife – Grażyna Gierszewska, with whom he has been in dispute for several months regarding, among other things, property separation and Drutex S.A. company and its shares, which are part of their joint property. Importantly, through the transformation of his business activity into a capital company, Leszek Gierszewski also attempted to transfer significant components of the spouses’ joint property, such as real estate and Drutex S.A. shares, to the newly established company.RetryClaude can make mistakes. Please double-check responses.
The District Court in Bydgoszcz, by decision dated August 5, 2019 (case file no. I Co 112/19), granted security for Grażyna Gierszewska’s claims to declare the transformation invalid and the declarations made by Leszek Gierszewski, recognizing as probable that the transformation required the consent of his spouse Grażyna Gierszewska and that without this consent, the transformation did not take place. Therefore, for the duration of the proceedings, the Court imposed a series of prohibitions and orders on G Inwestycje company and Leszek Gierszewski himself regarding (i) the disposal by G Inwestycje of real estate and Drutex S.A. shares, (ii) transformations within G Inwestycje, (iii) the disposal of G Inwestycje shares.
The Court also threatened Leszek Gierszewski and G Inwestycje company with an obligation to pay 1 million PLN in case of violation of these prohibitions.
The decision of the District Court in Bydgoszcz, like other court decisions issued so far, does not end the dispute concerning the spouses’ joint property, which includes, among other things, Drutex S.A. shares. Cases concerning both the property and the company itself are still ongoing and will be heard by courts in Słupsk and Gdańsk in the near future.
Grażyna Gierszewska is represented in these proceedings by a team of lawyers from Brysiewicz and Partners Law Firm led by legal counsels Krzysztof Brysiewicz and Wojciech Bokina and supported by legal counsel Piotr Bordakiewicz and trainee legal counsel Bartosz Knyt.
Zadaj pytanie autorowi
