New rules for submitting financial statements to the National Court Register

02.2018

New rules for submitting financial statements to the National Court Register (NCR) - only electronically; the application must be signed by a member of the Management Board whose PESEL is entered in the NCR.

On February 12th   the President of Poland has signed the bill amending the National Court Register act. New law significantly changes the method of delivering financial statements to the Court Register. Financial statements will have to be filled electronically through IT data transmission system kept by the Minister of Justice. Such filling will have to be signed using qualified electronic signature or ePUAP trusted profile by at least one management board member, partner, official receiver or liquidator, whose polish identity number (PESEL) is disclosed in the National Court Register. Information on obtaining qualified electronic signature or ePUAP trusted profile are available on webside: https://www.biznes.gov.pl/przedsiebiorcy/biznes-w-polsce/zakladam-firme/e-uslugi-epk-podpis-elektroniczny-profil-zaufany?inheritRedirect=true.

The new law might entail difficulties for those companies, whose management board members are foreigners and thus do not have PESEL numbers. In such cases, it might be required to apply for PESEL number for foreign board members to the appropriate gmina (commune) offcie. Appropriate  gmina office will be District Office for Warszawa Sródmieście, unless foreigner is permanent or temporary resident in Poland or is employed in Poland. In the application, applicants should point that obtaining PESEL number is required in order to comply with the new law.

The new law enters into force on March 15th, therefore financial statements for the year 2017 will have to be filled based on new regulations. The financial statements have to be submitted within 15 days from the date on which the annual financial statement was approved. The annual financial statements should be approved not later than 6 months after the balance sheet date.