AMENDMENTS TO THE ACT ON FREEDOM OF ECONOMIC ACTIVITY — FACILITATING THE USE OF CEIDG
Simplifying the procedures for correction or deletion of an entry in the CEIDG, automatic deletion from the register in the event of failure to submit an application for the resumption of activity, enabling entrepreneurs to ‘waive' entry before starting to carry out economic activities, the abolition of charges for making available data from register, the opportunity to correct by employees of the municipalities errors made on the entry of data from applications of entrepreneurs into the CEIDG - these are just some of the changes in the functioning of the CEIDG laid down in the amendment to the Act on the freedom of economic activity. It shall enter into force on 19 May 2016.
Easier solutions for entrepreneurs
The new provisions provide for a number of facilities for the entrepreneurs using CEIDG. Limited will be, inter alia, the number of data required in the application for suspension of business activity (amendment of Article 32(2)). In response to users'comments, there will be introduced a possibility to "opt-out" from the entry in the CEIDG before the start of the exercise of an economic activity. In accordance with new Article 29a entry will not be published in the CEIDG if the entrepreneur lodges an application with information on non-starting of activities.
The most important changes include amongst others the introduction of the "full" one window in the CEIDG framework, thereby it will allow to avoid additional visits to ZUS. The amendment will enable from the CEID to register in the Social Insurance Institution (ZUS) and also the registration of family members to health insurance. Currently, in the framework of the application for entry in the CEIDG entrepreneur is registered in ZUS as the payer of contributions and registrations to the insurance must be made separately in the ZUS (full service under the one window scheme is available only to persons insured in KRUS).
Automatic deletion of entrepreneurs from the CEIDG
The amendment will allow to reduce significantly the number of administrative procedures relating to the rectification or deletion of the entry by introducing a mechanism for the automatic deletion of entrepreneurs from the CEIDG. Importantly, the deletion will be within the framework of the material-technical basis rather than in the form of an administrative decision. This means that it will not be possible to appeal against this decision.
Important! If your company is suspended and you fail to lodge an application for resumption before the expiry of 24 months, you will be automatically (without possibility of appeal) removed from the CEIDG! Check what is the deadline to suspend your business. If you wish to continue activity apply for its resumption. Here you can do it online. The lodging of an application is free of charge.
If you do not know how to count the period of suspension of activity, to whom automatic removal from the CEIDG does not apply and how to avoid it, see the article Period of suspension of an activity, the penalties for failure to resume.
Automatic deletion - apart from the situation when entrepreneur has not submitted in due time an application for the resumption of activity, will also take place (in accordance with paragraphs 4 to 8 of Article 34 of the Act):
- in case when in the CEIDG the final decision was notified on ban on conducting economic activity, excluding a ban on conducting a particular activity;
- after the introduction to the computerised system the information on death of entrepreneur.
Procedure for removal of not resumed activities and deletion of entrepreneurs with a ban on conducting economic activity that have been initiated but not completed before the entry into force of the new legislation will be implemented in accordance with the new rules (Article 65(1) of the amendment to the Act).
A significant change will be adding a new condition to remove the entrepreneur from the CEIDG ex-officio by the Minister of Development, following a call for modifying the entry individually. According to the amendment, the deletion will occur in the absence of legal right to the real estate indicated in the entry in the CEIDG (new Article 35(1)).
In addition, entries of entrepreneurs will be subject to deletion (on material-technical basis) if within 2 years they will not be complemented by a PESEL number ( it is applicable to the unverified entries from migration). This does not apply to entries of foreign nationals.
The possibility of correcting applications
The new provisions (right to a conversion of the application) will give the municipal employees the opportunity to correct errors made on the entry of data from applications of entrepreneurs to CEIDG (new Article 36a)
New functionality and additional data subject to entry
In the framework of the modifications, subject to registration in the catalogue of data will be added entrepreneur's telephone number (entrepreneur decides about its disclosure) and additional information on bankruptcy and restructuring proceedings (amendment of Article 25). In the CEIDG functionality of personal data validation will be also made available e.g. for the purpose of validation of entrepreneur's name, surname, PESEL and NIP by financial institutions (new Article 38(2))
New provisions will clarify the mode of transferring information regarding bankruptcy and prohibitions between CEIDG, insolvency courts and National Criminal Register (amendment of Article 31). They will address the issue of appeals to the entry number in the register of economic activity (EDG) in other legal acts. In Acts in which it is mentioned that the entrepreneur should give the EDG number, changes will be made, taking into account the fact that since the launch of the CEIDG NIP is a number identifying the entrepreneur.
An important change will also be waiving the fee for making available the CEIDG data - after the entry into force of the amendment, these data will be free of charge, accessible to public and commercial entities (amendment of Article 39).
12 months after the entry into force of the amendment, regulation enabling notifications to insurance in ZUS will become applicable.
The text of the act is available here.
The amendment is a further step in facilitating contacts between entrepreneurs and offices by means of electronic tools. Remember that any official matter can be carried out online via the biznes.gov.pl eApplications.Share Print