These provisions concerning and proceedings before registered courts and the Simple Equity Company were originally to enter into force on 1 March 2020 and would lead to a revolution in the conduct of start-ups and to far-reaching computerisation in proceedings relating to the National Court Register.
Nevertheless, the revolution is unlikely to occur In 2020, because of the day 9 January 2020 the Sejm passed a law amending the Act – a Code of Civil Procedure, which provides for a postponement of the entry into force of the said provisions, and the legislator should depend on the rapid progress of further work, since to 1 March 2020 (the initial date of entry into force of the amendment) little time remains.
Among other things, the fact that on a day 6 February 2020 to the draft Senate Act introduced amendments, that is already 12 February The Parliamentary Committee on Justice and Human Rights adopted a report on Senators' amendments. Further work will certainly take place as quickly as possible, as the amendment of the rules, especially in terms of the digitisation of the National Court Register, implies a real revolution.
After the entry into force of the amendment, any requests for an entity to be entered in the register of economic operators will be submitted only through the electronic system
Surfing in the National Court Register
First, Attention should be paid to the fact that records will be kept in the electronic system and made available through publicly accessible electronic networks.
For now, it is vain to look for details about the practical aspects of the system, but one can only assume that it will be a architecture resembling solutions known from the eKRS system or system S24. As a result, attorneys (and not only) will be able to remotely surf the overt waters of the register records.
However, for those who particularly appreciate visits to courts and court reading rooms, the registration files will be made available at the registered court's premises using the electronic system.
The application process will also be digitised. After the entry into force of the amendment, any requests for an entity to be entered in the register of traders shall be made only through the electronic system. In addition, documents accompanying an application submitted via the electronic system, drawn up in electronic form, should be accompanied by a qualified electronic signature or a signed ePUAP profile.
We have to wait for PSA.
The entry into force of the Simple Equity Company has also been postponed, which is to combine the corporate nature of the company as a legal person and its basic manifestation of which is to exclude the personal liability of shareholders for its obligations with the considerable freedom to shape the relationship of the company. Simple Stock Company is to be a modern form of private equity company intended for innovative projects.
Although Prosta Spółka Akcyjna raised numerous controversy among representatives of the doctrine of law, entrepreneurs seem to have considerable expectations. However, we will have to wait at least one year for the new company to appear in the Polish legal order, as it will most likely accompany the entry into force of the computerisation of the registration procedure.
Author: Michał Skwarek - Council applicant in the legal department Russell Bedford Poland. Graduated from the Faculty of Law and Administration of the University of Warsaw.