Security in the Register of Shareholders

3 weeks upon the enforcement of regulations on the Register of Shareholders, I received a court notice on establishing a security concerning the Register of Shareholders (hereinafter referred to as the “RoS”) from my client, probably as the first lawyer in Poland.

Shareholders,

If:

1. you have not submitted documents of company shares on time (by the end of February 2021 (because, for example, you lost them);
2. you have not been entered in the Register of Shareholders (hereinafter referred to as the “RoS”);
3. in the statute of your company, there was no regulation on redemption of lost documents of shares;
4. you want to obtain a dividend;
5. you want to take part in the meetings of shareholders;
6. you want to exercise other corporate rights;

then

urgently file a request for securing your claim with the civil division of a competent district court (i.e. the court having jurisdiction over the company you are a shareholder of) in the form of a demand of redemption of a lost multiple-share certificate providing for the number of X class registered shares of Y company with its registered office in …, number in the National Court Register XYZ, bearing numbers from … to … through:

1. prohibiting the disposal of shares (your first and last name) bearing numbers from … to … for which the lost document of shares have been issued in the form of a multiple-share certificate;
2. prohibiting the issuer (name of the company) to make or order any records to be made with regard to registered shares owned by (your first and last name) bearing numbers from … to … in the Register of Shareholders kept for shareholders of (name of the company) on the basis of the agreement between (name of the company) and (name of an entity keeping the RoS);
3. prohibiting the issuer (name of the company) to pay dividends on shares for which the lost document of shares in the form of a multiple certificate for shares bearing numbers from … to … was issued;
4. ordering to record a warning in the Register of Shareholders of (name of the company) about instituting court proceedings to redeem the lost document of shares.

Leszek Paterek, attorney-at-law