PUBLIC REGISTERS

Until recently, public administrative authorities could require the submission of the originals of various documents from a party or another participant in the administrative procedure.  These changes have been introduced through legislative amendment of 10 January 2014 amending the Act on computerisation of the operation of entities performing public tasks and certain other acts, which entered into force on 11 May 2014.  The current rules allow for a larger number of procedures which have required the submission of the original document.

In accordance with Article 220 of the Act of 14 June 1960 — Code of Administrative Procedure, a public administrative authority may not demand a certificate or statement to confirm facts and legal state, in circumstances where:

  • they are known to the authority ex officio;
  • possible to be determined by the authority on the basis of:
  • records, registers or other data it holds,
  • public registers held by other public entities to which the authority has access by electronic means in accordance with the provisions of the Act of 17 February 2005 on computerisation of the operation of entitiess performing public tasks,
  • exchange of information with other public entities in accordance with the provisions on computerisation of the work of entities performing public duties,
  • submitted by the person concerned official documents (identity card, registration certificates and others).  It follows from the above that the authorities have the power to obtain information from other authorities, without involving the applicant.

The public authority demanding from a party or another participant in the proceedings a certificate or statement of facts and legal state shall indicate a legal provision requiring official confirmation of facts or legal situation by means of a certificate or statement (in accordance with Article 220 § 2 of the Code of Administrative Procedure).  The scope of application of that provision has been progressively expanded and at present it relates to different types of documents, not only to certificates and declarations but also documents attesting the payment of fees and costs of proceedings and other documents.

In practice it appears that of the biggest impotrance is the rule that if data are made available by electronic means in public registers, no authority may request a certificate because it has access to it.  The activity of Central Registration and Information on Economic Activity (CEIDG), National Court Register (KRS) or online land registers is based on that rule.

CEIDG

The Central Registration and Information on Economic Activity (CEIDG) was formed on the basis of the freedom of economic activity act.  It includes information on entrepreneurs conducting their activity in Poland.  Access to them is free of charge — you can use the search engine available at www.ceidg.gov.pl and find a company after its name, the tax identification number (NIP) or business registration number REGON or KRS.  CEIDG is held by the minister responsible for economic affairs.

KRS

National Court Register (KRS) was created on the basis of the Act on the National Court Register.  It contains information on entrepreneurs, associations, other social and professional organisations, foundations and independent public health care institutions and also insolvent debtors.  Access to such data is also free of charge — you can use the search tool available at www.ems.ms.gov.pl and find relevant entity after name, REGON, KRS number or NIP.  The KRS is held by the Minister of Justice.

Land registers and mortgage

Land registry was set up under the Land Registers and Mortgage Act and its functioning is regulated by the ordinance of the Minister of Justice on setting up and running of a land register in the IT system. It provides information on real estate, property rights, charges or mortgages.  Access to that compendium is also free of charge – one cant use the search tool available at https://ekw.ms.gov.pl/eukw/menu.do and find the property you are interested in after the number of KW.  The land register shall be carried out by the Minister of Justice.

The Ministry of Justice keeps a record of bailiffs and persons holding a licence of restructuring advisor.

If you want to make use of the services of a sworn translator, use the register of translators maintained by the Ministry of Justice.

Repository of GUS Information Standards

A valuable source of knowledge in the area of public administration information systems and data collected by them (form, scope, frequency of updating) is the Repository of Information Standards carried out by the Central Statistical Office.  You can find here database of registers.

You can find here a public database with particular importance for the development of innovation in the country and development of information society.

 

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