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POLAND

UKRAINE

KRS

ALICJA BIEŃ & ALICJA TARKOWSKA LAW OFFICES & PARTNER OFFICES

Pawilonska 47
91-487 Lodz, Poland
tel. +48 42 630 40 10
fax +48 42 630 97 00
[email protected]

author of the study

NAVIGATION

1. INFORMATION
GENERAL

2. ACCESS TO
DATA FROM KRS

3. MAKING
ENTRIES IN THE KRS

4. WHAT DATA
ARE AVAILABLE IN THE KRS

1. General information

The National Court Register (KRS) is a public register maintained by the Ministry of Justice and serviced by the relevant Commercial Divisions of the KRS in the District Courts.

The National Court Register is maintained in an IT system and consists of:

  • register of entrepreneurs;
  • the register of associations, other social and professional organisations, foundations and independent public health care facilities (colloquially referred to as the “register of associations”, although not only associations are entered therein);
  • register of insolvent debtors.

Entry into the National Court Register is mandatory for entities subject to the obligation to register pursuant to applicable law.

In particular, the following are required to be entered in the register of entrepreneurs:

  • all companies (except civil partnership);
  • cooperatives;
  • branches of foreign entrepreneurs;
  • other legal entities entered in the register of associations, if they also conduct business activities (this is important because if, for example, an association conducts business activities, it must be entered simultaneously in the register of entrepreneurs and the register of associations).

The register of associations of other social and professional organisations, foundations and independent public health care facilities includes, among others:

  • associations;
  • foundations;
  • trade unions.

2. Access to data from the National Court Register

Access to data in the National Court Register is free of charge and available to anyone via the website and search engine provided by the Ministry of Justice (Link).

Using the search engine, you can obtain printouts of so-called information corresponding to an extract from the register (these printouts are commonly called "extracts"). Such "extracts" (which are obtained without incurring any fees for them) are made available in the current and full versions:

  • Information corresponding to the extract current (colloquially: "current copy") contains only information current at the time of downloading the information from the website;
  • Information corresponding to the extract full (colloquially: "full extract") contains a full summary of the data entered in the National Court Register of a given entity, from the beginning of its establishment, along with a note on all changes made.

The above information corresponding to an extract from the register (colloquially: "extracts" or "KRS printouts"), despite being free and not having any signature or official stamp, has the power of an official, official document. This means that such free "extracts" can be used
e.g. before offices or courts – for example, when we want to prove the composition of the management board of a given company.

3. Making entries in the National Court Register

The section on individual commercial law companies describes the procedures for registering these companies in the National Court Register, e.g. in terms of the required documents.

However, it is also important how the registration or changes in the National Court Register are carried out technically. The basic information is that Currently, in principle, all applications regarding all entities entered in the National Court Register can be submitted only electronically, via a special government platform.

This platform is called the "Court Registers Portal" and is available for free at www.prs.ms.gov.pl.

The procedure for submitting applications for entry of data into the National Court Register is as follows (technical issues are also taken into account).

  • First of all, you should visit the website prs.ms.gov.pl select the "National Court Register" tab.
  • Then, to start preparing the application for the National Court Register, select the "KRS e-forms" tab marked with the additional information "LOGIN REQUIRED".
  • After selecting this tab, the user is transferred to the login page. If the user already has an account on the Court Registers Portal, enter your login and password (you can also log in via a Trusted Profile or electronic signature). If this is your first visit, select the "Registration" option, which will guide you through the process of setting up an account. Setting up an account is free and necessary for further steps.
  • After logging in to PRS, the main dashboard of the Portal is visible:

 

 

  • You should now select the appropriate option, depending on your intended purpose – “Registration Applications” (when the company is just being entered into the National Court Register), “Change Applications” (when the company is already entered but the data is being changed – e.g. the composition of the management board) or “Delete Applications” (if the company is to be deleted from the register).
  • At this point, the rest of the process varies depending on the type of application you are making. In all cases, however, there are common elements to keep in mind:
    • Documents to the application are attached only in electronic form. In the case of notarial deeds, instead of a scan of the original, the number of the notarial deed in the CREWAN register, i.e. the register of electronic copies of notarial deeds, is indicated. Information about the CREWAN number is always provided by the notary, immediately after signing the notarial deed.
    • The application to the National Court Register is signed electronically – using a Trusted Profile or a qualified electronic signature.
    • The KRS application is generally always subject to a fee. The fee can be paid in two ways, i.e. either by making a regular bank transfer and attaching a transfer confirmation to the application (usually in PDF format), or by paying the application directly via PRS (via a bank or BLIK service).
    • After submitting the application, it immediately receives its signature (after a maximum of several minutes). Further communication in the case is conducted via the PRS System (note – it is worth setting up notifications about changes in matters to be sent to your e-mail address).
    • In the case of an application for entry into the National Court Register via the PRS system, it is possible to replace a lawyer – an advocate or legal adviser. In such a case, proof of payment of the stamp duty for the power of attorney (PLN 17) must be attached to the application. Such a fee it is not paid into the Court's account, but into the account of the city/commune office where the Court is located.

4. What data is available in the National Court Register?

In general, the National Court Register contains all basic data concerning an entity entered in the register. These are in particular data concerning:

  • Basic data of the entity, i.e. name (company), NIP, REGON, address, contact details (if provided, this is not mandatory);
  • Type of business activity conducted (marked using PKD codes);
  • The personal composition of the bodies (management board, supervisory board, etc.);
  • Shareholders – in the case of companies (except for a joint-stock company, in which data on shareholders are not disclosed in the National Court Register – hence in many countries a joint-stock company is called an “anonymous company”);
  • Transformations, divisions or mergers of the entity;
  • Share capital (and in the case of a joint-stock company – the amount of paid-up capital);
  • The method of representing the entity (e.g. how many members of the company's management board are authorized to jointly represent the company).

Importantly, in the case of partners who are natural persons, as well as in the case of members of bodies, the PESEL of a given person is visible in the KRS (if the person has one). Unfortunately, this is a threat to people disclosed in the KRS, because it is the easiest way for third parties to obtain information about the PESEL number. For this reason, it is recommended for people disclosed in the KRS to block their PESEL number through the mObywatel system. Although this will not hide the PESEL number in the KRS, it will significantly hinder the potential use of the PESEL by an unauthorized person.