National Debt Register for Creditors

According to Regulation (EU) 2015/848 to 20 May 2015 on insolvency proceedings[1] , in EU Member States should be established and maintained at least one a register containing information on insolvency proceedings.

In Poland it will be the National Debt Register, which will contain data on insolvent entities, threatened by insolvency or entities to which the unsuccessful execution has been released.

Creditors will have access via the internet to the files of restructuring and bankruptcy proceedings, while entrepreneurs will be able to verify the reliability of their counterparties.

Introduction

The National Debt Register will be created by the Act of 6 December 2018[2] (continue u.k.r.z.). The preparation of this regulation took quite a long time and its first The project, placed at the Government Legislative Centre, was dated 16 August 2017[3] .

Eventually, after the modifications, the bill entered the Sejm 7 June 2018, who passed it 6 December 2018, a 11 January 2019 It was published in the Official Journal of the Laws.

In the justification of the U.K.R.z.4 notes that it is a implementation, in accordance with Article 5(1) Act on 15 May 2015 – Restructuring law[5] , the obligation to establish a Central Register of Restructuring and Failure. However, that register to enter into force 26 June 2018, He never started to function. The U.k.r.z.

justification also explains that the work related to the establishment of the National Debt Register and the IT system serving restructuring and bankruptcy proceedings is a continuation of the work on the Central Register of Restructuring and Failure, and under Article 35 U.k.r.z. is talking about the liquidation of this register.

The National Debt Register will assume the functions of the Register of Insolvent Debtors created by the Act with 20 August 1997 on the National Court Register[6] .

Whose data and what information will be disclosed in the National Debt Register?

The National Debt Register will be kept by the Minister of Justice in the information system, with it being public – everyone will have the right to know, via the internet, the data contained therein[7] .

The register shall disclose information on:

1) natural persons, legal persons and organisational units which are not legal persons to which the Act confers legal capacity, to which they are or have been subject:

• (a) restructuring,
• (b) bankruptcy or secondary insolvency proceedings,
• (c) completed by a final decision to ban economic activities[8] ,

(d) the recognition of the decision to initiate foreign insolvency proceedings[9] .

The above data will include, among other things, the submission of a restructuring application by the debtor, the application for bankruptcy; the security of the debtor's assets by the establishment of a temporary judicial supervisor, temporary insolvency administrator or forced insolvency administrator; the final rejection of a bankruptcy application; the declaration of bankruptcy, the opening of secondary insolvency proceedings, the opening of a restructuring procedure and its type; the date and manner of submission of claims; the list of receivables, the inventory of claims and claims in dispute; the composition and state of bankruptcy; the termination, termination or revocation of the insolvency proceedings; the termination and discontinuance of proceedings restructuring[10].

The register will also contain information on the shareholders of commercial companies liable for the company's liabilities without limitation for all their assets, if bankruptcy has been declared, secondary insolvency proceedings have been initiated against the company, or a bankruptcy application has been rejected[11].

The new register will also publish information on natural persons, legal persons and non-legal organisational units to which the Act grants legal capacity, to which discontinued the proceedings enforcement by a court or court as the execution will not result in a sum higher than the execution costs, or discontinued the proceedings executions carried out by the head of the tax office or the director of the ZUS branch, as no amount exceeding the execution expenditure will be obtained in enforcement proceedings[12].

The register will also contain information on natural persons who are subject to the execution of maintenance services and the execution of State budget claims arising from benefits paid in the event of ineffective enforcement of maintenance, and who are indebted to those benefits for a period longer than 3 months. These will include data on the indication of the enforceable title or legal basis of the claim; signatures of the case file; type of claim; date of completion of the enforcement procedure.

Removing information from the National Debt Register

Data exchanged under Article 5 and 6 u.k.r.z. will not automatically be disclosed after 10 years from the date of final completion, or discontinuance of proceedings, subject to, unless otherwise provided in the Act, and if a valid agreement has been approved in the proceedings, that information shall cease to be disclosed after the expiry of: 1) 3 years after the date of finalisation of the order to establish the implementation of the Agreement, or 2) 10 years from the date on which the decision to revoke the Agreement or to terminate the Agreement is final.

If, on the other hand, a final repayment plan has been established in the proceedings, or the liabilities have been decommissioned without a repayment plan, the data in question under Article 5, automatically will not be disclosed after: 1) 3 years from the date of the finalisation of the order to establish the execution of the creditor's repayment plan and the remission of liabilities fallen or the remission of liabilities without establishing a repayment plan for creditors or 2) 10 years from the date of the decision to revoke the repayment plan of creditors[13].

Electronic document circulation

The new regulation requires applications and documents to be submitted in the restructuring and bankruptcy proceedings in electronic form to be processed in the electronic system. This form of service is also to take place.

However, creditors who are entitled to claims on an employment relationship, except for claims on the remuneration of a representative of a fallen person or on the remuneration of a person carrying out activities relating to the management or supervision of the debtor’s undertaking, maintenance claims and pensions on compensation for causing a disease, incapacity for work, disability or death, and on the replacement of rights covered by a life-long pension right, may submit procedural documents and documents excluding the electronic system serving the judicial procedure[14].

In general, the Act will apply, except for certain provisions, from 1 December 2020 The long deadline for entry into force of this regulation is due to the time-consuming preparation of the ICT system.

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1 Official Journal of the European Union L, No. 141 to 5 June 2015, p. 19.

2 Act of 6 December 2018 the National Debt Register, Journal of Laws of 2019, item 55.

3 Cf. project from 16 August 2017, published at the Government Legislative Centre 7 September 2017; https://legislacja rcl.gov.pl/project/12302650/Folder ♪ Oh, oh, oh, oh ♪12457002#12457002.

4 Reasons for the draft Act on the National Debt Register, Sejm printing no. 2637.

5 i.e. Journal of Laws of 2017, item 1508.

6 i.e. Journal of Laws of 2018, item 986.

7 Article 4(1)(2) U.k.r.z.

8 Cf. Article 373 Act on 28 February 2003 – bankruptcy law; i.e. Journal of Laws of 2017, item 2344.

9 Article 2(1)(1) U.k.r.z.

10 Article 5(1) U.k.r.z.

11 Article 2(1)(2) U.k.r.z.

12 Article 2(1)(3) U.k.r.z.

13 Article 11(2)(3)(4) U.k.r.z.

14 Article 19(27) U.k.r.z.