Soon, i.e. from 1 July 2021, the amendment of the National Court Register Act will enter into force, which will change to an electronic service only for entities subject to registration in the National Court Register.
The amendment is to be made under the Act of 21 January 2021 amending the Act – Code of Administrative Procedure and certain other laws; Journal of Laws of 2021, item 187).
In practice, this means the last months of the possibility of submitting an application to the National Court Register in paper form, as from 1 July 2021 applications submitted in this form will no longer have any legal effect.
As part of the modernisation of the system of service of the National Court Register, the registration of new entities and any changes to the entities subject to registration in the National Court Register are to take place only in electronic form.
All judicial proceedings will be conducted in the central system, and all writings will be made through this system. first Correspondence in the case will include an instruction on the need to submit letters only electronically, including any pleadings – appeals, complaints, complaints against the decision of the judicial referee.
It should be borne in mind that any documents submitted via the electronic system should be signed in advance with a qualified electronic signature or an ePuap profile.
At the same time, a system of forms will be launched with the entry into force of changes to the handling of applications, which will verify the correctness of the applications submitted on an ongoing basis, which in practice will improve the work of economic courts.
On the other hand, if the entity requests changes to the data or registration of entities on the basis of the activities carried out before the notary no longer has to provide a copy of the notarial act in paper form, the applicant only has to rely on the relevant repository number.
Documents drawn up by the notary will be transmitted directly from the Central Repository of Electronic Notary Acts to the KRS system.
Benefits of the amendment
Facilitate and streamline the implementation of the proposal by registered courts.
Reduction of formal errors through system hints on filled fields.
The possibility to verify the status of the case through an electronic system of the KRS.
Faster contact with the requesting authority.
The improvement of change and registration procedures will result in faster management processes (for constitutional alerts, i.e. obtaining legal power only after being disclosed in the court register).
It is worth mentioning that work on the full electronicisation of the National Court Register has been conducted for a long time, several times has been postponed the decision on the date of implementation of the relevant regulations, so whether 1 July 2021 will be the final date of entry into force of the amendment – we will see.
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Written by Darya Bannaya
Younger tax consultant. Graduate of Law at the Faculty of Law and Administration of the University of Warsaw, graduate of Global Business, Finance and Management in Warsaw School of Economics. Winner of the Ministry of Finance competition “Tax of Leaders” 7. edition.
Conducting trainings and conferences for foreigners in tax aspects of conducting and establishing business in Poland. He specializes in tax law, advising clients on current matters relating primarily to income taxes. Author and co-author of a tax law publication.