INCREASING THE EFFECTIVENESS OF SUPERVISORY BOARDS AS ONE OF THE OBJECTIVES OF THE AMENDMENT TO THE CODE OF COMMERCIAL COMPANIES

Abstract

Aim: The purpose of this article is an assessment of the legitimacy of introducing changes to the Commercial Companies Code regarding the effectiveness of a Board of Directors, then comparing the results of the research performed by the author of the article to the current practices of the functioning of Boards. Methodology: The research covered the practical activities of company supervisory board members. A quantitative survey was conducted from 2018 to 2021 in the form of a questionnaire distributed via email, the website www.webankieta.pl, and delivered in person in paper form. A survey was conducted on people in managerial positions (54%) where men were the majority of those polled (71%). The surveyed population was chosen based on their professional experience as managers and members of the board in the state-owned enterprises. Results: On a sample of 100 respondents, it was observed that, provided the supervisory board is committed to their duties and consists of qualified personnel, the supervisory board contributes to the improvement or good functioning of the company, and often even its development. Conclusions: The main conclusion that has been formulated is confirmation of the legitimacy of introducing legal changes aimed at increasing the effectiveness of supervision, especially in the advisory and information areas, which are of key importance in the correct diagnosis of the company’s situation and in the proper shaping of the development strategy.Due to the confidentiality that members of supervisory and management boards are subjected to, it is very difficult to obtain from them the precise answers necessary to study the functioning of supervisory boards and management boards.