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1 2005

1 Gluchowski P.

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Legal Basis for Running SKOK Credit Union Account

100%

Gluchowski P.

nr 4(29)

120-128

'SKOK' credit unions emerging from the famous Stefczyk credit union tradition run diverse activities although within certain subjective and objective boundaries. 'SKOK' credit unions can act only on behalf of their members and they can only act according to the enumerative list of activities listed in the Cooperative Credit Union Act. One of the essential services operated by the credit unions is running members' accounts. There are two regulations concerning account's legal status. The basic aspects are determined by article 725 and following ones of the Civil Code. This regulation is therefore fully applicable to the credit union account agreement. Nevertheless, some specific question concerning bank accounts are regulated by the Banking Law. There is no particular paragraph referring to them. So those regulations can be applied by analogy although not all of them are applicable. The credit union accounts are - in many legal Acts - as a rule treated equally as bank accounts in ability to payments to and from the account. Yet the lawmakers are not being fully consequent as some Parliamentary Acts (like for instance the Non-Professional Soldiers' Benefits Act) stipulate that some benefits can be paid only to the bank account and not to the credit union account. In author's opinion this is infringing of Polish Constitution and the regulation should be changed de lege ferenda.