Online registration of a partnership
Provisions enable entrepreneurs, as in the case of the incorporation and registration of limited liability company (so-called S24 mode) to register a registered partnership and a limited partnership online, using a standard template contract. Changes allow, in addition to already existing traditional form, to use the electronic system made available by the Ministry of Justice.
How to set up a partnership online
How to set up a partnership online
Provisions of the Commercial Companies Code provide for the possibility of registering limited partnership and registered partnership in a simplified manner (S24), i.e. the conclusion of an agreement without a notarial act.
Procedure for the registration of registered partnership and limited partnership with template contract (S24) is available on the website of the Ministry of Justice. Registration fee is PLN 250 (in case of ‘paper' registration the fee is PLN 500). Registration fee for announcement of entry in KRS in the Court and Economic Journal, amounts to PLN 100.
Applications for establishment of registered partnership and limited partnership under S24 mode are dealt with by the departments of the National Court Register on working days and during the work of courts.
The conclusion of both registered partnership and limited partnership agreement using template contract requires contract and other documents to bear an electronic signature.
Types of signatures when registering a partnership:
- signature using Trusted Profile,
- signature qualified by electronic signature certified by valid certificate.
In the event when documentation of limited partnership and registered partnership are signed using a Trusted Profile or qualified signature, shareholders do not have to have an account in the eKRS system but the person who made the registration process of the company.
Documents signed are available at all times in the system, which gives a possibility to collect them at any time.
You must remember that there is a limit to the possibility of on-line registration of registered partnership.
Obligations after registration
After registration, the partnership is obliged to provide supporting data (e.g. bank account numbers, number of employees or the addresses of the places of business) — within 7 (data for ZUS) or 21 days (data for GUS and the tax office) of registration of the company in KRS. Data is made available in a single form (NIP-8). It shall be submitted to the competent tax office.
Find out what formalities you should comply with following registration of the partnership.
When you cannot register a registered partnership via the Internet
The amendments which entered into force at the beginning of 2015, do not apply to registered partnerships formed as a result of a transformation of a civil law partnership into registered partnerships (i.e. general partnerships set up on the basis of Article 26(4) of the Code of Commercial Companies). In this case, conversion requires notification to the registry court by all in the traditional form.
Restrictions relating to the application of the template contract of company
It should be borne in mind that registration using a template contract is a simplified form (possibility of choice only under the entries). The form gives a certain margin of choice, however, on the assumption that they are typical (described in the CCC) solutions.
When registering a company online, contribution may only be made in cash. In the case of registered partnership in accordance with existing online model there can only be two-person representation, i.e. two shareholders or a shareholder together with a proxy.
The most common mistakes during the registration
If you want to know what are the most frequently committed errors and how to avoid them, please see the article on this subject.
- Act of 28 November 2014 amending the Act - the Commercial Companies Code and certain other acts
- The Commercial Companies Code
- Act on KRS