According to the Accounting Act, the company of o.o. is required to submit the following documents to the National Court Register every year: annual financial statements, a copy of the resolution on approval of the annual accounts and distribution of profits or loss, and an activity report.
The Management Board of the Company of O.o. should submit the above documents to the National Court Register within the time limit 15 the days following the approval of the accounts.
Under the current rules, it is currently not possible to submit financial documents to the KRS in the traditional (paper) version, but only by electronic means through the electronic system of the Ministry of Justice.
In this system, it is possible to report the financial statements and other documents directly to the Financial Documents Repository (RDF) free of charge. Under the National Court Register Act dated 20 August 1997 (i.e.
Journal of Laws of 2023, item 685), for each entity required to submit financial documents to the Register, a repository of financial documents shall be kept in the electronic system. Each interested party shall have the right to browse the financial documents made available in RDF free of charge through publicly available IT networks.
i.e. at the website of the Ministry of Justice ekrs.ms.gov.pl/. It is also possible to submit financial documents through the portal S24 (ekrs.ms.gov.pl/s24/), however, such notification requires a fee of 140 PLN.
What are the consequences of failing to report?
non-execution of the obligation to submit financial statements to the NRS is a regulated offence under Article 79(4) the Accounting Act for which a fine or restriction of freedom is punishable;
against the person responsible for failing to submit the financial statements (member of the management board of the company in the case of sp. z o.o.) a criminal measure may be imposed against a certain position (function of a member of the management board);
the registration court initiates ex officio so-called coercive proceedings, calling on the principle of Article 24 Act on the National Court Register in writing Company to submit documents within the time limit 7 days. Failure to comply with that obligation within the time limit opens the possibility for a registered court to decide a fine or to initiate proceedings for winding-up of an entity entered in the register without conducting winding-up proceedings.