The National Register of Debtors in Poland is a publicly available portal for information on bankruptcy, enforcement proceedings and restructuring. What information you can find in it? How does it work? We explain everything in the article below.
What is the National Register of Debtors?
It is a portal provided by the Ministry of Justice in Poland. The register is public and you can check there information about:
- Bankruptcy proceedings – concerning individuals, legal entities, and unincorporated entities declared bankrupt,
- Restructuring proceedings – concerning companies that have filed for restructuring to avoid bankruptcy,
- Alimony debts – concerning individuals subject to enforcement of alimony by a bailiff,
- State budget debts – concerning information about individuals subject to enforcement of state budget debts (e.g., overdue taxes).
The National Register of Debtors does not contain information about all debtors. It only pertains to those revealed in judicial or enforcement proceedings. It is regularly updated.
Functions of the National Register of Debtors
Among the key functions of the National Register of Debtors, it is worth indicating:
- Improving the debt collection process. The National Register of Debtors allows for verifying the financial condition of individuals or entities. Therefore, it can result in more efficient debt collection.
- Possibility to take part in proceedings. The register enables the submission of applications and procedural documents in restructuring, bankruptcy, and business prohibition proceedings. It also allows to participate in auctions.
- Protection of interests. Access to ongoing proceedings’ information protects creditors’ and other individuals’ interests.
- Improving the communication process in proceedings. The National Register of Debtors provides a convenient way to receive and view files in ongoing proceedings.
- Data transparency. The portal enables access to information about current and completed restructuring, bankruptcy, and business activity prohibition proceedings.
How to use the National Register of Debtors?
The National Register of Debtors is an integral part of the Court Registers Portal. It plays a key role in ensuring the safety of economic transactions. Information contained therein is accessible through the portal www.krz.ms.gov.pl. Searching is simple and intuitive. You just need to provide the Tax Identification Number for companies or the PESEL number, name and surname for individuals. The main advantages of the portal include:
- Free access to information,
- No need to log in to the service,
- Only disclosed information is published in the register.
Portals available within the National Register of Debtors
The National Register of Debtors provides 4 portals. They have different functions tailored to the needs of various user groups.
- Public Portal
- Available free of charge and without logging in,
- Allows browsing announcements and searching for information about:
- Bankruptcy and restructuring proceedings,
- Restructuring advisors,
- Components of bankruptcy estates.
2. Registered User Portal
- Requires registration,
- Allows for:
- Submitting applications and procedural documents in restructuring, bankruptcy, and business activity prohibition proceedings.
- Reviewing proceedings’ files.
- Receiving correspondence.
3. Registry for Public Administration Bodies
Intended for bodies obligated to provide information in the National Register of Debtors about:
- Individuals and entities,
- Enforcement proceedings,
- Alimony proceedings.
4. Branch Users Portal
- Designed for official receivers, supervisors, and administrators,
- Allows for:
- Performing actions in restructuring and bankruptcy proceedings,
- Accessing dedicated tools and functionalities.
National Register of Debtors vs National Debt Register
The National Debt Register is the largest economic information bureau in Poland. It operates based on the Act of 9 April 2010, on the provision of economic information and the exchange of economic data.
It gathers information about debtors. It is a source of data about individuals and legal entities who fail to meet obligations on time. Such information can be used by companies and private individuals to assess the payment credibility of counterparties.
The National Debt Register can receive data about debts from various sources, such as:
- Overdue alimony,
- Unpaid bills for telephone, electricity, gas, etc.,
- Unpaid loan installments,
- Unsettled service fees.
| CHARACTERISTIC | National Debt Register | National Register of Debtors |
| Type of entity | Economic information bureau | Public registry |
| Legal basis | Act on the provision of economic information and the exchange of economic data | Restructuring Law |
| Access to information | Limited, paid | Open, free |
| Scope of data | Debts from various sectors (e.g., banks, telecommunication, energy) | Bankruptcy, restructuring, and enforcement proceedings |
| Type of information | Negative (debts) | Negative and positive (e.g., information about settled obligations) |
| Data storage period | Up to 10 years | Up to 5 years |
| Possibility of data deletion | Yes, upon meeting specified conditions | No |
| Effects of entry | Difficulty in obtaining credit, loans, etc. | Difficulty in conducting business activities |
| Additional functions | Debtor monitoring, financial condition reports | Access to restructuring and enforcement proceedings documents |
Tax Shield and the National Register of Debtors
The tax shield involves the reduction of the income tax amount by using borrowed capital to finance a company. In other words, the more a company uses external sources of financing, the lower the tax it pays. Such external sources of financing include loans, leasings, or credits. The tax shield is relevant to the National Register of Debtors due to the following aspects:
- Inclusion of tax arrears in the National Register of Debtors:
- Tax arrears covered by the tax shield can still be reported to the National Register of Debtors.
- Creditors (e.g., tax authorities) must inform the debtor about the possibility of using the shield and how to do it.
- A debtor who benefits from the shield can request the removal of information about tax arrears from the register.
2. Inclusion of tax reliefs in the National Register of Debtors:
- Tax reliefs granted under the tax shield can also be reported to the register
- Information about the relief should include the debtor’s details, its amount, and the period for which it was granted.
- A debtor who receives a tax credit can request its inclusion in the National Register of Debtors.
3. Suspension of enforcement proceedings:
- When a debtor uses the tax shield, enforcement proceedings on tax arrears covered by the shield may be suspended.
- Information about the suspension of enforcement proceedings can be reported to the register.
4. Monitoring changes in the National Register of Debtors:
Debtors who benefit from the tax shield should monitor changes in the register. This is to ensure that information about their tax arrears or tax incentives is up to date.
National Register of Debtors – Summary
The National Register of Debtors is a valuable tool for both creditors and debtors. It enables a reliable assessment of the financial situation of contractors. It also reduces the risk of uncollectible receivables. Moreover, it gives debtors the opportunity to monitor their obligations. Thanks to this they can take steps to improve their financial situation.
If you find this topic interesting and want to know more about it, we invite you to contact us. Our experts will answer all your questions and provide reliable and professional legal advice!
FAQ – Frequently Asked Questions about the National Register of Debtors
Who can check the information in the National Register of Debtors?
Access to information in the National Register of Debtors is public and available. This means that anyone can check debtors’ data. You only need to enter their first and last name along with their PESEL number.
What information can you find in the National Register of Debtors?
In National Register of Debtors, you can find information about:
– Debtor’s identity (first and last name, PESEL, address)
– Amount of debt
– Date of debt creation
– Creditor
– Enforcement title
– Enforcement proceedings
What are the fees for accessing information in the National Register of Debtors?
Access to information in the National Register of Debtors is free of charge.
What are the benefits of using the National Register of Debtors?
Using the National Register of Debtors has many benefits, as it:
– Enables a fair assessment of the financial situation of counterparties
– Reduces the risk of uncollectible receivables
– Allows debtors to monitor their obligations
– Motivates debtors to repay their debts
How can I check if I am listed in the National Register of Debtors?
You can check if you are listed in the National Register of Debtors in two ways:
– using the website of the National Register of Debtors for free: https://krz.ms.gov.pl/
– using the e-KRS service: https://ekrs.ms.gov.pl/ available for a fee
What should I do if I am wrongly listed in the National Register of Debtors?
If you believe you have been wrongly listed in the Register, you can file a request for removal with the district court having jurisdiction based on your place of residence.
How can I improve my financial situation if I am in debt?
There are several ways to improve your financial situation if you are in debt. You can, among other things:
– Contact your creditor and negotiate repayment terms
– Seek assistance from a consumer bankruptcy advisor
– File for consumer bankruptcy
Where can I find more information about the National Register of Debtors?
You can find more information about the register on the website of the Ministry of Justice: https://www.gov.pl/web/sprawiedliwosc/krajowy-rejestr-zadluzonych.