The draft amendments to the commercial companies code introducing the regulation of the holding company is an ambitious undertaking. Contrary to the assurances contained in the justification of the draft, this regulation is highly retail and, if it comes into force, will create a completely new legal situation for related companies.
It will entail many new obligations and, above all, many risks in the event of failure to comply with these obligations. Legal situations and responsibilities that have existed for decades and with which companies have learned to live will be regulated. Including daily influence on the decisions of subsidiaries by the parent companies.
The new law will impose bureaucratic, extremely formalized rules for the operation of holding companies, which so far have not resulted in an uncontrolled number of court disputes in this context. Well, lawyers would like to regulate everything, such is their natural need. But it is not up to lawyers to answer the question of whether and to what extent such regulation is needed, or whether it will bring more problems than benefits.
