The First Steps of the Polish Legal System Towards the Digitisation of Registration Proceedings - the Analysis and the Assessment of the Draft Act on the National Court Register, with the Consideration of the Compliance Thereof with the Directive 2017/1132/EU and the Business Registers Interconnection System (BRIS)

• Autorzy: Olga Zinkiewicz
• Języki publikacji: EN

Abstrakty

EN

In Autumn 2017 the Ministry of Justice submitted a draft amendment to the Act of August 20, 1997 on the National Court Register (hereinafter, "Draft"), announcing its "digital revolution". The legislator's intention was to transfer the register into the reality of the 21st century. Moreover, the amendments addressed the necessity of implementation of the directive of the European Parliament and of the Council 2017/1132/EU of 14 June 2017 on some aspects of the companies law (Journal of Laws EU L 169 of 30 June 2017) in the scope of regulations concerning the registers interconnection system into the Polish legal system. The draft amendments relate to, among others: (i) introduction of the obligation to submit all applications with the National Court Register's register of entrepreneurs by way of the ICT system; (ii) electronization of registration files, as well as (iii) introduction of the obligation to submit financial statements in the electronic form. Apart from that, the Draft provides for (iv) the creation of the Central Repository of Electronic Excerpts of Notary Deeds. The aims set forth in items (i) -(iv) may be, in principle, viewed as a right step towards digitization. However, it should be remembered that the legislator's goal is for the entire digitization of registration proceedings to take place in stages. Thus, time intervals for the introduction of relevant legislation amendments (executive regulations) and technical amendments (preparation of form specimens, implementation of changes to the ICT systems in courts) are assumed. Therefore, the Draft should be assessed as the first step. However, it comes as a surprise that Article 19 of the Draft provides for the possibility of entering into the Central Registration and Information on Business, and simultaneous public disclosing of, information on arrears in the enforcement of outstanding maintenance payments exceeding 6 months. Leaving aside the moral nature of such demeanor, the register is not intended for the disclosure of debt and it is maintained only for record keeping purposes. Doubts also arise whether the disclosure of such information meets the condition of necessity in a democratic state of law, as defined in Article 51 section 2 of the Constitution (original abstract)

Słowa kluczowe

EN

Judicature

PL

Sądownictwo

• Czasopismo: Przedsiębiorczość i Zarządzanie
• Rocznik: 2018
• Numer: t. 19, z. 9, cz. 2 Zarządzanie w jednostkach administracji publicznej - jednostka jako podmiot ochrony prawnej
• Strony: 43--53

Twórcy

autor

Olga Zinkiewicz

• University of Gdańsk

Bibliografia

• Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, Official Journal of the European Union L 310/1 of 25 November 2015.
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• Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a Member State by certain types of company governed by the law of another State, Official Journal of the European Union L 395 of 30 December 1989.
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• The regulation of the Minister of Justice of December 2011 introducing a template of articles of partnerships available in the computerised system, Journal of Laws of 2011, No. 299, item 1774.
• The regulation of the Minister of Justice of 29 December 2011 setting out rules for opening an account in the computerised system, using the system and carrying out operations concerning the incorporation of a partnership based on the template, and set out requirements regarding electronic signatures, Journal of Laws of 2011, No. 297, item 1762.
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• Explanatory note on the draft Act amending the Act on the National Court Register (Parliamentary Document No. 2067, http://www.sejm.gov.pl/Sejm8.nsf/druk.xsp?nr=206, access: 3.06.2018).