Legal title to the premises will become a condition for registration in the National Court Register – draft amendment
The government draft act addressed to the Polish parliament on July 19, 2023, referred to as the “facilitation package for entrepreneurs”, contains in particular amendments regarding the procedure for registering new entities or changing the address in the Register of Entrepreneurs of the National Court Register (KRS).
After the entry into force of the amended regulations, the entrepreneur will be obliged to have a legal title to use the premises (real estate), the address of which it reported to the Register of Entrepreneurs as its address. Such a statement will have to be signed by the persons signing the application (usually the management board or commercial proxy (prokurent)), and if the application is signed by a proxy, the statement shall be signed by the persons who granted the power of attorney.
The statement regarding the legal title of the premises (real estate) is made under pain of criminal liability for submitting a false statement.
According to the authors of the draft, this change is aimed at strengthening the presumption of authenticity of entries in the Register. The new regulations shall prevent the creation of so-called fictitious entities and strengthen the security of legal transactions in Poland.
According to the legislator’s assumptions, the amendment will enter into force on January 1, 2024.