https://doi.org/10.21697/zp.2021.21.2.05
Just as in other countries, in Poland, too, the operations of banks are subject to strict legal regulations and State supervision. The chief components of a bank’s operations are its deposit and credit activities. Effective protection of the relative monopoly enjoyed by banks to conduct deposit activities is provided by legislation, including Article 171 section 1 of Prawo Bankowe (the Polish Banking Law), which provides for the prosecution of any activity conducted without official permission and involving the collection of monies from third parties in order to grant credit or loans, or to expose such monies to any other type of risk. The purpose of this paper is to determine the scope of criminalization stipulated under this provision as precisely as possible. This is an important issue from a practical point of view, since there are numerous business entities operating in Poland which are not banks but which undertake activities involving the putting of third-party funds at risk. If such funds come from external financing, which is often the case, we may ask how such operations relate to the type of activity defined in Article 171 section 1. I argue that the scope of this provision does not cover cases in which an entity which is not a bank collects monies from third parties as part of its business activities involving such collection, though with no obligation to repay; or cases when such monies are collected subject to repayment, though the specific operation is not illegal as such.
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