The Council of Ministers have adopted a bill amending the National Court Register Act and certain other acts, submitted by the Minister of Justice.

The new provisions are to enter into force as of 1 December 2022. Currently, the bill is in the Sejm.

The purpose of the amendment is to adapt the Polish legislation to the directive of the European Parliament and of the Council on the use of digital tools and processes in the companies law.

The draft aims to facilitate the registration and filing of documents with the National Court Register, simplify the online registration of limited liability companies, increase the accessibility of the information contained in the National Court Register on the EU portal and expand the exchange between commercial registers of the European Union member states.

PLANNED CHANGES

• facilitated registration and filing of documents with the National Court Register by placing model contracts and information on the rules of company and branch registration in the Public Information Bulletin on the Ministry of Justice’s website, at least in Polish and in another language which is comprehensible to as many foreign users as possible,

• facilitated online registration of limited liability companies through the possibility of settling share payments using an online payment service, 

• increased accessibility to data contained in the National Court Register, increased accessibility of data for foreign users through the register integration system,

• enhanced exchange between registers through the register integration system. This concerns information on changes to the basic data regarding a foreign entrepreneur and on the registration or deletion of a branch. This solution is intended to exempt entrepreneurs from the duty to submit applications to the National Court Register as regards the data covered by the exchange. 

• In addition, the draft provides for the requirement to include the dates of birth of natural persons who do not hold the PESEL number in the register. If an entity is a foreign entrepreneur being a general partner of a limited joint-stock partnership, the draft provides for the inclusion of data allowing for the creation of a unique European identifier, and in case of entities not covered by the register integration system – it provides for the inclusion of the number in the register.