What a company can do if it has to file an application in Company Register during lockdown?
Due to restrictions implied by law, courts suspended entry of most individuals, so the most common way of filing the application at the registry office is now impossible, but there are other ways of delivering our application to court.
Firstly, if the company was established via s24 (electronic system), you can use it to enter amendments. It seems to be the most convenient solution, as the application is prepared online and then signed by representatives with electronic signatures. Keep in mind, that this way is only applicable to companies established via s24 and which haven’t filed any traditional applications to KRS yet.
If the s24 is not applicable, the application should be prepared in a conventional way. You can prepare KRS forms and necessary attachments in paper and sign them traditionally. It may be troublesome to collect signatures for companies who have more than one representatives or don’t have a proxy, but after such an obstacle is overcome, the application can be sent by post to court. Remember to send it as recorded letter and with notice of receipt.
Keep in mind, that application should be paid for! Make payment by transfer and attach confirmation of payment to the application.
The status of your motion can be monitored by contacting Register’s hotline or at ekrs.ms.gov.pl.
Current legislation provides that next year all applications to KRS will be made electronically, till this time the abovementioned propositions could be a solution.
Author: Aleksandra Hajdukiewicz, Trainee Attorney-at-law, associate at Kołecka Law Firm
