WKB Legal Alert | LAST CALL TO SET UP AN E-DELIVERY ADDRESS FOR ENTITIES ENTERED IN THE NATIONAL COURT REGISTER’S REGISTER OF ENTREPRENEURS
Since 1 January 2025, entities submitting applications for their initial entry into the register of entrepreneurs of the National Court Register (“NCR”) are required to include the information necessary to set up an address for electronic delivery of documents in the application. Entities that were entered into the register of entrepreneurs of the NCR before that date are required to set up an address for electronic delivery of documents by 1 April 2025.
The duty to have an e-Delivery address referred to above was introduced by amendments to the Act of 18 November 2020 on electronic delivery of documents (Journal of Laws of 2024, as amended; the “Act”), which provided for means of facilitating correspondence with public bodies by replacing the current system of document service, that is by way of registered mail, with electronic delivery of documents. However, due to some public bodies not being prepared to use the e-Delivery system, the effective date of this duty was delayed several times.
The final deadline for the implementation of the e-Delivery system was set for 1 January 2025. From this date onward, entities submitting applications for their initial entry into the register of entrepreneurs of the NCR are required to provide the information necessary to set up an address for electronic delivery of documents in the application. Entities that were entered into the register of entrepreneurs of the NCR before 1 January 2025 are required to establish such an address within 3 months of the date specified in the announcement, i.e., 1 April 2025.
Entities entered into the register of entrepreneurs of the NCR before 1 January 2025 can set up _rev an e-Delivery address through the public service provider’s website, available at: https://www.gov.pl/web/gov/uzyskaj-adres-do-e-doreczen-u-publicznego-dostawcy-uslugi-e-doreczen. The application to set up an e-Delivery address must be signed electronically by the persons authorised to represent the entity or an agent or proxy. Such an address should then be activated through the entity’s Entrepreneur Account accessed via the government’s portal: https://www.biznes.gov.pl/en. The NCR is then automatically notified of the entity’s e-Delivery address from the Electronic Address Database, without the need to file additional applications.
Entities applying for entry in the register of entrepreneurs of the NCR after 1 January 2025 must include the information necessary to set up an e-Delivery address in the application for registration itself. This address is automatically established once the data is sent to the Ministry of Digitization.
Since setting up an e-Delivery address may take several days, we recommend that all entities entered in the register of entrepreneurs of the NCR submit the necessary applications as soon as possible to ensure that they comply with this requirement on time because failing to have an e-Delivery address may result in the entity not receiving correspondence from public administration authorities.
In case you have any question, we invite you to contact the lawyers in our Company Law & Corporate Governance Team: Anna Wojciechowska, Katarzyna Wójcikowska and Aleksandra Zbrzeżna.
The alert can be downloaded HERE.