Changes in KRS from July. Brief overview

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For entrepreneurs obliged to register with it, KRS (National Court Register) is the most important register, which is of particular importance for maintaining stability and certainty of business trading. Like any solution that has been in operation for many years, it sometimes needs to be improved and upgraded. The changes that have come into force since the first of July this year are intended to be that improvement and upgrade. Despite the relatively broad scope of these changes, it should be noted that they introduce a number of simplifications for all those dealing with the National Court Register: both as entrepreneurs and all those who need certain information about their business partners from the KRS.

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Changes reported to the KRS. Until now

Certain entities in Poland are subject to entry in the KRS (National Court Register) kept by courts. This applies to entities that are created and operate under the provisions of the Commercial Companies Code and certain other laws. This register is subject to constant changes. Most of them are aimed at improving and facilitating proceedings. Unfortunately, there are also changes that do not appear to have been fully thought through and well-prepared by the legislator.
Until recently, both entry in the register and any changes were made on the basis of a number of different forms, which the entrepreneur was obliged to fill in and submit to the locally competent court with a KRS division. The forms were frequently amended and updated. There were occasions in practice when the court rejected an application on the grounds of an incorrect (outdated) form. Submitting an application for registration or making any changes in the entry also required paying the appropriate fee without which the application would be rejected.

Changes reported to the KRS. Current changes
From 1 July 2021, all entities registered with the National Court Register and those intending to apply for registration are required to use a special dedicated portal called the Court Registers Portal. Here, the persons representing the entity fill in the applications and can send them immediately to the relevant court. The amendment to the KRS legislation waived the right to choose the form of the application to be submitted. Previously, entrepreneurs could decide for themselves whether to submit the application electronically using, for example, a qualified electronic signature or to submit it in person on paper. Only associations, foundations, Independent Public Health Care Units and other social and professional organisations may still submit paper applications.

Online confirmation of identity
The completed application should be electronically signed. For this purpose, you can use a trusted ePUAP profile, a personal signature based on an e-ID or a qualified electronic signature.
It should be pointed out that the amendment makes it possible to submit annexes in the form of electronic copies certified by a notary public or an agent being an attorney or a legal adviser. Also, if the changes e.g. in the company were made before a notary, the entrepreneur can submit (as before) KRS-Z3 application with an indication of the number from the Notary Repository. The court will then obtain the relevant attachments from the Central Repository for Electronic Extracts of Notarial Deeds.

Deeds in what form?

The files of entities entered in the KRS are kept in parallel in an electronic form – files that relate to events after 1 July 2021 – and in a paper version – files that relate to events from before 1 July 2021. There is, of course, access to electronic files via the Court Registers Portal. It would definitely be a good idea to extend electronic filing to all documents that were filed on paper. But that will probably still have to wait.

Changes in the right direction
In principle, the changes introduced should be viewed positively. Above all, they aim to streamline and speed up the proceedings. The system assists in filling in the applications by indicating the information that is necessary to fill them in correctly. Failure to include such information prevents the application from being closed and sent to court. It also eliminates the need for the court to return an application that has not been paid for or has been paid in the incorrect amount. The system automatically indicates the amount and allows you to pay it online. Without payment of the fee, the application cannot be sent to court. If the entrepreneur wants to, they may indicate that they wish to receive the document, its copy or a hard copy. The paper version is then collected in person in court.
Of the above-mentioned possibilities of signing documents submitted to court, the qualified electronic signature deserves special recognition. An entrepreneur who has the possibility to use this form of identity confirmation will certainly notice the wide range of possibilities to use a qualified electronic signature not only when submitting various types of applications to court or administrative letters, but also in many other situations, where the confirmation of a document is important both for its sender and anyone who receives such a document.