After the suspension of a company entered in the National Court Register, which can last up to 24 months, you must file an application to resume a suspended business activity.
After the suspension of a company entered in the National Court Register, which can last up to 24 months, you must file an application to resume a suspended business activity. If you fail to do so, the court will call on the company to do so, otherwise a fine will be imposed.
If you would like to know more about the suspension before submitting your application, please refer to the leaflet:
Who decides on the resumption of the company's activity in the National Court Register?
If, after the suspension period, a company entered in the National Court Register intends to continue its business activity, it is necessary to adopt a resolution on resuming the company's activity. Only then one can apply to the court for resumption of suspended activity.
Resolution on the resumption of the suspended activity is made by:
- partners in a partnership
- the management board of a company
The resolution must include the date of resumption.
Where to submit the documents concerning the resumption of the company to the National Court Register?
You submit to the competent National Court Register:
- form KRS-Z62 (mark the square in part C - "resume your business")
- the resolution of the management board (shareholders) on resumption
The application shall be signed by the persons authorised to represent the company. You have 7 days from the adoption of the resolution to report the resumption to the National Court Register.
There are no court fees for the application for commencement of business activity or for publication in the Monitor Sądowy i Gospodarczy (Court and Commercial Gazette) (this information does not need to be published).
Note! S24 cannot be used to apply for a resumption of suspended business activity of a commercial company.
In the case of failure to submit an application for entry of information on resumption of business activity before the lapse of the period of 24 months from the date of notification of suspension, the registry court shall initiate proceedings in this case and shall oblige the registry court to perform the above mentioned activities under the penalty of a fine within 7 days. In some situations, he may even remove a company from the register.
If your company's details change during the suspension or after resumption you hire employees, you should additionally submit the NIP-8 form to the tax office.
Informing other offices of resumption
Information on resumption from the National Court Register is forwarded to tax authorities, ZUS and the Central Statistical Office (GUS). You do not need to make any additional applications.
Important! After resumption, the company is automatically reported to the Social Insurance Institution as a payer. However, the partners of partnerships and a single-member limited liability company, who are subject to obligatory insurance and, upon suspension, deregistered from the Social Insurance Institution, after resumption should re-register as payers and apply to the Social Insurance Institution (ZUS) for insurance.
If during the suspension there were changes in the company's data, after the resumption you must also submit the NIP-8 form to the tax office.
Information on the resumption is also made available to the relevant licensing authorities, authorities keeping registers of regulated activities and authorities competent for authorisations (those who have granted you rights and placed information in this respect in your entry in the CEIDG). In some cases, if the regulatory authorities require you to register separately, you will need to register again.