From 1 July 2021 requests to the National Court Register to be filed online only

The Court Registry Portal has been in operation for over a month now (since 1 July 2021). It is an answer to a long-awaited process of electronizing and speeding up registration proceedings (with the National Court Register).

The Portal offers the following services:

  • filing electronic requests for entries or changes to the register of entrepreneurs of the National Court Register;
  • filing procedural writs with the registry court;
  • registration of financial documents with the Financial Documents Repository;
  • email exchange with the registry court;
  • reviewing electronic registry files of entities registered on the Register of Entrepreneurs of the National Court Register;
  • access to information about entities entered in the National Court Register.

A link to the Court Registry Portal: HERE

Requests to the National Court Register to be filed online only

Until the Court Registry Portal is activated, entities registered on the Register of Entrepreneurs, i.e. commercial law companies, cooperatives, state enterprises, branches of foreign enterprises, may file requests with the National Court Register (e.g. for a change of the company details) online only, through said Portal. A request filed in any other form, e.g. in paper, will be returned and will not be processed by the court.

This rule does not apply to entities which are registered with the Register of Associations, Other Social and Professional Organisations, Foundations and Independent Public Healthcare Establishments (e.g. foundations, associations), which will be entitled to choose whether to file requests online or in paper.

It bears emphasizing that filing a request through the Portal means that all writs and letters in the matter shall be filed in this form, except for the means of challenge which are examined by the Supreme Court.

Important information regarding requests filed through the website:

  • Opening an account. To use the website, an account must be opened. The opening process is quite swift. It can be done using the trusted profile, a personal signature (an e-identity card) or a qualified electronic signature.
  • Notarial deeds. There is no obligation to enclose an electronic copy of a notarial deed with an electronic request or to send a paper copy thereof to the court. The request should contain the notarial deed number in the Central Repository of Notarial Deed Excerpts (CREWAN) and is equivalent to sending it to the court. The information concerning CREWAN is provided by the notary together with the original notarial deed.
  • Appendices. A request may be accompanied with documents in an electronic form (signed with electronic signature). Paper documents may be attached in the form of electronic copies certified by a notary or a holder of the power of attorney, i.e. a legal counsel or an advocate, or as electronic copies of documents (scans). However, if scans are enclosed with a request, the original “paper documents” must be sent to the court within 3 days of filing the request.
  • Requests may be signed with an electronic signature, trusted profile or personal signature (e-identity card).
  • Fees. The fees remain unchanged. They can be paid via the website which redirects the user to the payment platform. A traditional transfer can also be made and a confirmation thereof may be attached to the request. Importantly, transfers are made to the budget revenue account of the Court of Appeal in Krakow, and not to the account of the registry court competent to process the request, which was the case previously.

Findings after one month of the system operation

The Court Registry Portal was activated at the unfortunate time of holiday leaves, which makes it difficult to assess whether the electronisation contributed to speeding up proceedings. So far, we have not noticed that requests are processed faster, quite the contrary. This partly results from the fact that court employees and referendaries are on holiday, and partly from some deficiencies of the website. Unfortunately, there are situations where requests turn off while they are filled in, which necessitates their repeated completion. There are also more difficult situations, for example a request cannot be signed, which prevents its accurate submission. It is almost a rule that court requests the requesting party to complete formal deficiencies in a request by submission of original documents the scans of which were attached, even though the originals were sent to the court even before the request was received.

Hopefully, the deficiencies will soon be eliminated, because filing requests through the Portal may indeed speed up proceedings, and is much more comfortable for the requester that the traditional paper form. At the moment, however, we have no option but to participate in what someone defined as “an experiment on a living organism”.

KONTAKT

Tomasz Srokosz Partner, Katowice

E: tomasz.srokosz@pl.Andersen.com
T: +48 32 731 68 52
M: +48 512 286 226

Marcin Matyka Managing Partner, Warsaw

E: marcin.matyka@pl.Andersen.com
T: +48 22 690 08 60
M: +48 669 768 444

Adrian Luty Senior associate, Katowice

E: adrian.luty@pl.Andersen.com
T: +48 32 731 68 97

Syuzanna Musfi Senior associate | Legal advisor, Katowice

E: syuzanna.musfi@pl.Andersen.com
T: +48 32 731 68 50

News