Failure to pay social insurance installment plans may trigger board member liability as ZUS interprets deadlines broadly.
Legal Consequences of Non-Payment in ZUS Installment Agreements
According to Article 24, section 5a in conjunction with Article 29 of the Social Insurance Act, non-payment of installments under an installment agreement results in a return to the original payment deadline for social security contributions. The legislation addresses doubts regarding the calculation period for ancillary liabilities, including interest on the principal amount.
However, the Social Insurance Institution (ZUS) adopts a broader interpretation. It maintains that reinstating earlier deadlines also impacts the determination of the starting point for calculating the time limit for the company’s management board to file for bankruptcy.
Determining the Moment of Company Insolvency
The article raises questions regarding when a company can be legally deemed insolvent, particularly in the context of ZUS installment agreements and the potential liability of board members.