New duties related to the National Court Register
The latest amendment to the Act on the National Court Register, which entered into force on 15th of March 2018, introduced several significant changes. Among them, the obligation to submit in the National Court Register (hereinafter referred to as “KRS”):
1) addresses for deliviries of the members of the company’s management board, their proxies, and liquidators. In the case of a change of address for deliveries, the company entered into KRS or the person concerned is obliged to report to the KRS a new address. Entities entered into the KRS are required to submit current statements, which include addresses for deliveries, with the first application submitted to the registry court, no later than 18 months after the entry into force of amendment to the Act on KRS, unless the information on address for deliveries can be found in the registry files,
2) a list including the surname, name and the address for deliveries, or the business name or name and seat of the members of the bodies or persons authorized to appoint the management board of the company entered into the KRS. If the shareholder is a legal person, one shall provide names and surnames and addresses for deliveries of the members of the body authorized to represent that legal person. Each change of these persons and their data should be reported to the registry court by submitting a new list. Companies are required to submit to the registry files the abovementioned list with the first application submitted to the registry court, no later than 18 months from the date of entry into force of amendment to the Act on KRS.
At the same time we point out that the above-mentioned address for deliveries reported in the KRS does not have to be the address of the residence of a person concerned. This means that there are no legal obstacles for such address to be, e.g, the address of the company, in which the person holds the function of a member of the management board.
In the case of not giving above-mentioned addresses for deliveries or not updating them, the letters will be left in the case files and considered duly served (this results from Article 139 § 3¹ of the Code of Civil Procedure). In other words, in this case, if the court will not have current address for deliveries or will not have it at all, will leave a letter addressed to the person in the files and will consider that it has been served.