Before You Start Before You Start
Starting a Business Starting a Business
Tax obligations Tax obligations
Social security Social security
Running a business Running a business
Closing a business Closing a business

REMOVAL OF THE COMPANIES NOT REGISTERED IN THE NATIONAL COURT REGISTER

You were the owner, shareholder or creditor of the company, which was included in the old registers and did not comply with the obligation to register in the National Court Register?  You should know that companies which were entered in the Commercial register B and have not been registered in the National Court Register by 31 December 2015, were removed from the register on 1 January 2016.  From that date  no documents (extracts, certificates) from the Commercial register B can be used (earlier this could be done in exceptional cases)

 

What happens with the property of companies which did not fulfil their obligation to register in the National Court Register by 31 December 2015?

The property of such companies by law has been passed to the State.   At the same time, it shall be liable in relation to acquired property for its commitments (importantly, in proportion to the property taken over from the company). At the moment of the removal of a company from the register, entitlement of all members, as well as other persons, who have a share in the estate of bankruptcy, had expired (e.g. members of cooperatives).  In other words, since 1 January 2016, these companies have lost their legal personality.

Debt recovery

Creditors who have claims against companies removed on 1 January 2016, may pursue their claims from the State Treasury, but only until the end of 2016.  If before 1 January 2016, the creditor has obtained an enforcement order against such company, the creditor should, by the end of 2016, submit an application for the initiation of enforcement proceedings.  All claims shall expire from the beginning of 2017.

 

Additional information

Issues of companies that were not registered in the National Court Register by 31 December 2015 are regulated by the Act of 20 August 1997 - Provisions introducing the Act on the National Court Register.  The Act describes the procedure to follow in case of recovery of claims or the issue of the takeover by the State of the company's real estate.

 

Share Print