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National Court Register

Registration of OPP (public benefit organization)

According to Article 22nd of Act of Law of 24th April on Public Benefit and Voluntary work non-governmental organization and other entities defined under Aricle 3 clause 3 item 2 hereto and entered into the National Court Register (Krajowy Rejestr Sądowy), which prove their conformity to the above requirements, shall gain the public benefit status as of the date of entry into the National Court Register. Application templates to be submitted to the register court  in order to obtain the status, had been defined in the decree of the Minister of Justice of October 17, 2003 (Journal of Law no 188, item 1846).

The registration is free of charge, while the information on obtaining the status shall be announced in the Court and Economic Monitor, which involves an expense of 500 zloty.  

Act of Law of 24th April on Public Benefit and Voluntary (excerpt) 

Article 22

1. Non-governmental organisations and other entities defined under Article 3 clause 3 item 2 hereto and entered into the National Court Register (Krajowy Rejestr Sądowy) shall gain public benefit organisation status as of the entry of data proving conformity to requirements specified under Article 20 into the Register, under terms and conditions specified in the National Court Register Act of August 20th 1997 (Journal of Law of 2001: No. 17, item 209, and No. 110, item 1189, of 2002: No. 1, item 2, and No. 113, item 984, and of 2003: No. 49, item 408, and No. 60, item 535).

2. Non-governmental organisations other than that specified under clause 1 hereto, and entities defined under Article 3 clause 3 item 1, shall gain public benefit organisation status as of the date of entry into the National Court Register, on terms and conditions laid down in the Act of Law referred to in clause 1 hereto.

3. Non-governmental organisations and entities referred to under clause 1 hereto shall lose their public benefit organisation status as of the date of removal of data proving conformity to requirements specified under Article 20 hereto from National Court Register, ex officio or upon application

General information about National Court Register
The National Court Register is a database composed of three separate registers:

  • register of entrepreneurs,
  • register of associations, other types of voluntary and professional organizations, foundations and public institutions of social service,
  • bankruptcy register (regarding insolvent debtors).

The National Court Register was founded according to the Act adopted on 20th August 1997 on the National Court Register (Dziennik Ustaw 1997/No. 121, item 769, with further modifications).

What functions are performed by the National Court Register?

The National Court Register is supposed to perform two fundamental functions:

  • informational
  • legalizational.

The informational function of the National Court Register consists in giving certain entities easy access to competent information on legal status of a partner, main details of his financial situation or his representation, all available in seconds. The source of the information mentioned above is the National Court Register established in the form of a central database for all entities which are subject to registration. Introduction of a computerized and centralized institution dealing with providing information on the registered data (the Information Centre of the National Court Register constituted as an organizational unit of the Ministry of Justice) is a 100% guarantee of the fulfillment of the Register's informational function.

The legalizational function is determined by the fact that all registration requirements should be fulfilled before a given entity is allowed to perform legal acts in future (it is often the case that the registration of a particular entity is absolutely necessary for it to attain its legal personality).

How long has the National Court Register been functioning?

The National Court Register has been functioning since 1st January 2001. There are a couple of exceptions to the functioning of the National Court Register:

Business activity conducted by natural persons.

So far a record of business activity conducted by natural persons as individuals or as partners in general partnerships has been kept by communes on the basis of art.8 and art. 13 of the Act on business activity (Dziennik Ustaw 1988/ No.41 item 324 with further modifications). Communes are supposed to keep record of business activity up till 31st December 2001.

The cases instituted but not yet finished till the day on which the Act on the National Court Register comes into force.

Art. 6 passage 1 of the Act on the Regulations introducing the Act on the National Court Register, requires that cases concerning the entrepreneurs who wish to make further entries in the existing registers should be examined following the existing regulations, if the case has been instituted but not ended till the day of coming into force of the Act on the National Court Register.

Types of entities entered in the register of entrepreneurs:

  • natural persons engaged in business activity
  • companies
  • co-operative associations
  • state enterprises
  • units (research institutes)
  • foreign enterprises
  • mutual insurance companies
  • branches of foreign enterprises conducting business activity on the territory of Poland
  • central offices of foreign insurance companies
  • other types of legal entities, engaged in business activity, which are subject to registration in the register of associations, other types of voluntary and professional organizations, foundations and public institutions of social service

Types of entities entered in the register of associations,other types of voluntary and professional organizations, foundations and public institutions of social service:

  • foundations
  • social- professional organizations of farmers
  • different types of chambers (economy, handicrafts)
  • guilds
  • Polish Handicraft Association
  • different types of associations
  • different types of trade unions (of employers, individual farmers)
  • professional self-governing units of some transactors
  • health service transport
  • public institutions of health service

Types of entities entered in the bankruptcy register:

  • natural persons engaged in business activity, if they have been declared insolvent or if the motion for declaration of insolvency has been dismissed with legal validity, due to insufficient property (which would not cover the costs of insolvency proceedings), or the execution of a court judgement or administrative decision against the debtor has been discontinued due to the fact that the execution would not provide the sum exceeding the costs of the execution
  • associates who bear financial responsibility with their whole property for company's obligations, except for silent partners in a limited partnership (commandite partnership) if it has been declared insolvent or if the motion for declaration of insolvency has been dismissed with legal validity due to insufficient property (which would not cover the costs of insolvency proceedings), or the execution of a court judgement or administrative decision against the debtor has been discontinued due to the fact that the execution would not provide the sum exceeding the costs of the execution
  • debtors who have been obligated to disclose their assets in the course of the provisions of the Code of Civil Procedure regarding executive proceedings
  • persons, who-by the court conducting proceedings in bankruptcy-have been deprived of the right to conduct business activity on their own account and to act as a representative or proxy to an entrepreneur, a member of a board of directors and auditing committee in a public company, company limited by shares, or co-operative association

Furthermore, the debtors who within 30 days from the date of a summons for payment have not paid their dues will be entered into the register of bankrupts- on application made by the creditor who is in possession of the executory document with a writ of execution drawn up against a natural person.

The registration

The registry applications are filed as official registry application forms (e.g. application on "altered registration"),applications concerning data disclosure) along with the required court fee and fee for publishing in Monitor Sądowy i Gospodarczy.? Official registry applications are available in courts and communes, with reservation that communes provide the application forms for the registration of natural persons engaged in business activity and general partnerships.

Altogether 69 patterns of official registry application forms have been provided. They comprise any possible application for registration of all types of entities which are subject to registration.

Where are the registry divisions situated?

Divisions of the National Court Registers have been constituted in 20 Provincial Courts (the list of the courts to be found enclosed).

The specification of Provincial Courts and the office addresses of the Divisions of the National Court Registers, together with a complete set of application forms are to be found on the web site of the Ministry of Justice www.ms.gov.pl.

By the courtesy of Ministry of Justice

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