As of July 1st, 2021, the Electronic Companies Register has been launched. It consists of:
- Portal of Register Courts: https://prs.ms.gov.pl – for filing electronic applications to the Companies Register (KRS);
- Repository of Registry Files: https://rar.ms.gov.pl – for checking electronically the registry files of entities entered into the Companies Register (KRS).
As a result of the above, all applications filed to the Companies Register (KRS) by entrepreneurs have to be submitted by the Portal of Register Courts. Filling documents on paper will not have any legal effects. Furthermore, in the same way (via electronic system), a correspondence between the court and the entrepreneur will be conducted (including issuance and delivery of the final decision).
Applications filed via Portal of Register Courts requires electronic signature by ePUAP signature or qualified signature.
To the application should be attached documents in electronic versions. According to the legal provisions regarding the Companies Register (KRS) they should be filed in original versions or certified copies. It means that the documents attached to the electronic application have to be signed in the same way as the application.
However, if the documents mentioned above originally were made on paper, you have to attach to the application electronic copies confirmed by a notary or an attorney being an advocate or Attorney-at-law, or attach not confirmed electronic copies of the documents and within 3 days send to the court by registered mail the original documents.
As a result, an entrepreneur willing to file to the court documents originally made in paper version, has 2 options:
- commission doing this to a professional attorney who will confirm the documents, or
- register in the Portal of Register Courts (please remember that the applications are signed according to the way of the company’s representation, if it’s 2-person representation both persons has to register on the portal) and subsequently:
- go to a notary to get certified electronic copies,
- send to the court the original paper versions via registered mail after filing the application.
With great interest I will be checking entrepreneurs’ opinions about facilitations and acceleration caused by – according to the changes’ authors – the launch of the Portal of Registered Courts.