30.03.2021 Legal services

eKRS – from 1 July applications only via the Internet

From 1 July 2021 applications to the National Court Register will only be filed online. The amendment also introduces rules concerning electronic deliveries and all documents, including registration files, will be kept in the electronic database.

Applications to the National Court Register – what will change?

The basic change introduced by the amendment is the filing of applications to the register of businesses only via the Internet. An exception from this rule are applications to the Register of Associations, Other Social and Trade Organisations, Foundations and Independent Public Healthcare Establishments which will continue to function in hard copy, namely it will be possible to submit them both traditionally on the official form and send their copy electronically. The application form, as previously, will contain the necessary instructions with regard to the manner of filling it in, filing and consequences of failure to meet the requirements set for procedural writs

An application which is not filed via the Internet and is unpaid will be returned without any notice for particulars. The Minister of Justice will determine, by way of a regulation, the drafts, manner and place of publication of the application forms, subject to fulfillment of the requirements concerning procedural writs and the need to ensure transaction security.  

Electronic registration files

In accordance with the introduced amendment, from 1 July 2021 registration files of entities registered in the National Court Register will be kept in the form of an electronic set of documents including also hard copy files. Therefore, hard copy documents which concern an entity entered in the register of businesses and are the basis for the court to take an action ex officio will be entered in the online records. A document converted to an e-document will, thus, be added to the registration files included in e-KRS. All documents including information transferred from the registers will be automatically entered in the registration files through a register integration system.

The manner of making files of entities registered in the National Court Register available will also change. These files will be available online and traditionally at the registered seat of the district court. However, this will not apply to a situation where an online application will have enclosed to it electronic transcripts of or extracts from notarial deeds from the Central Repository of Electronic Transcripts of Notarial Deeds and concerning information received from the Information Desk of the National Criminal Register under Article 21a of the Act on the National Court Register, if such information or extracts are not a basis for a decision of the registration court or concern individuals not subject to entry in the National Court Register.

Learn more: Complicated litigation after Brexit

Notarial deeds after changes

After the change, when enclosing to the application a notarial deed whose transcript or extract is placed in the Central Repository of Electronic Transcripts of Notarial Deeds, the person filing the application will have to indicate in it the number of the document placed in the repository.

After the registration court has made the change, the document whose number was provided by the applicant will be automatically sent electronically from the Central Repository of Electronic Transcripts of Notarial Deeds and enclosed to the application.

Address for electronic deliveries

Additionally, when filing an application via the Internet, it will be possible to indicate details necessary for creating an address for electronic deliveries, or have the address for electronic deliveries related to the qualified electronic registered delivery service entered in the database of electronic addresses, as referred to in Article 25 of the Act on Electronic Deliveries. Entry consists in automatic placement of the address for deliveries in the KRS Register after the transfer of data from the database of electronic addresses.

Michalina Gdula
Trainee legal adviser

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