Important changes affecting companies registered in Poland


On 15 March 2018, the Act of 26 January 2018 Amending the National Court Register Act and Certain Other Acts came into force. Some of the provisions will become effective later, up until 1 March 2020.

Below we present a list of key amendments introduced by the act which will come into force in the near future:

table 1a

table 2c

The new regulation raises doubts over how a company with no PESEL holders on its management board can fulfil its filing obligations. It is also unclear whether the new rules permit filing of financial statements by an attorney. Clarification of these issues will be possible when executive regulations to the act are introduced and the IT system for filing financial statements is made available.

table 3a

The new regulation clearly refers to an address for deliveries—not necessarily the person’s home address. To secure the interests of management board members, it should be an address ensuring regular collection and relay of correspondence addressed to them.

table 4a

It is too early to draw any conclusions on the impact the new rules will have on day-to-day operations of entities entered in the National Court Register. Caution is recommended for the time being, as the grace period between promulgation of the act (21 February 2018) and its entry into force was indeed brief. Because it is not yet known how the IT system for handling these filings will operate, it is difficult to predict any practical concerns about its use.

Maciej Szewczyk, legal adviser, Łukasz Śliwiński, legal adviser, M&A and Corporate practice, Wardyński & Partners