The Polish National Court Register (NCR) or the Trade Register in Poland was founded according to the Act adopted on 20th August 1997 on the National Court Register. It is developed and organized by the Polish Ministry of Justice. Since 2001 it constitutes an electronic base of data containing information about entrepreneurs, companies, foundations and non-governmental institutions, therefore it is divided into three separate registers: the register of entrepreneurs, the register of associations, other social and professional organizations and public health service establishments and finally, the register of insolvent debtors.
The register of entrepreneurs in Poland contains individuals engaged in business, companies, co-operatives, state enterprises, foreign enterprises and other types of legal entities which are subject to registration. The types of entities entered in the register of associations in Poland are foundations, social professional organizations, guilds, trade unions and public institutions of health service.
The register of insolvent debtors in Poland includes natural persons declared insolvent, associates who are liable with their personal assets or persons who have been deprived by the court to conduct business activity on their own account.
The National Court Register of Poland has two fundamental functions, informational and legal. The informational aspect refers to providing competent information to the public, about the legal status, economic situation, representation of Polish companies, entrepreneurs, organizations etc. The other aspect provides following of certain steps in order to register different types of entities, fulfilling legal requirements and giving legal personality to an institution allowing it to perform legal acts, complying with the law.
The registration process with the Company Registrar in Poland implies filing official application forms along with fee for publishing in the Polish Official Gazette and court fee. The applications are available in courts and in communes, but only for application forms for registration of individuals engaged in sole proprietorships, or general partnerships.
Recently The Polish Ministry of Justice has introduced a draft of an Act of amendments for a simpler system that allows easier access information, via internet, and also facilitates access to the Register, so that registrations can be made online.
Besides registration, NCR regulates changes and modification in the constitution of Polish legal entities, mostly concerning important details of the company’s capital and partners, or shareholders of the company in Poland, changes of the authorized representatives of companies. The changes must be submitted at the court register, which decides to gather more information or to simply approve the documents submitted.
The National Court Register (NCR) is a centralised, electronic database introduced in 2001.
The NCR is operated by selected district courts situated in major Polish cities and consists of three separate registers:
- register of entrepreneurs;
- register of associations, other social and professional organisations and public health service establishments;
- register of insolvent debtors.
Following entities are, among others, subject to registration in the register of entrepreneurs: commercial companies (registered partnership, limited partnership, limited joint-stock partnership, professional partnership, limited liability company, joint-stock company) as well as branch office of the foreign entrepreneurs conducting activity within the territory of Republic of Poland.
Following entries are subject to registration:
- registration of a new entity;
- changes and modification of important details of an entity, in particular concerning capital and partners (shareholders), persons authorised to represent an entity and members of organs, financial report of an entity.
The Court maintains paper registration files for each entity registered in the NCR. In registration files are gathered documents which confirm information contained in the register as well as patterns of signatures of persons authorised to represent an entity.
The National Court Register may contain also other, important information concerning an entrepreneur:
- information about tax and customs arrears;
- information about Social Security arrears;
- creditors and amounts of unpaid liabilities.
The National Court Register is accessible to public – anyone has access to registration files of entities registered in the NCR (in the relevant District Court). Extracts from the NCR are obtainable within the whole country in the Central Information of the NCR offices. On the other hand, nobody can plead ignorance of information contained in the NCR.
In addition, on the following web site ekrs.ms.gov.pl/web/wyszukiwarka-krs/strona-glowna one may search entities entered into the National Court Register. The aforementioned entities may be searched by their business name or NCR number and on the web site in question are provided basic data of the searched entity.