Electronic inbox – a new obligation of enterprises entered in the National Court Register

18 June 2021

The Act on Electronic Service of Documents is to enter into force on 1 July 2021. The new regulations will change, among others, the rules that commercial companies will have to follow as regards communication with public administration authorities and courts.
 
Also the Code of Civil Procedure, the Code of Commercial Companies and the Code of Administrative Procedure will be amended in line with the new obligatory document service rules.

 
The most important changes introduced by the Act on Electronic Service of Documents include:

1. The obligation to have an electronic inbox for communications coming from public bodies. Following the simultaneous amendment to the National Court Register Act, this obligation will apply to e.g.:

• general partnerships;
• professional partnerships;
• limited partnerships;
• partnerships limited by shares;
• limited liability companies;
• joint-stock companies.

2.  The obligation to appoint an inbox administrator who will be authorised to activate the inbox address and manage the inbox. This obligation will not apply to sole proprietors.

 
3.  E-mail addresses of obliged entities will be disclosed in a public e-mail address database. Service of official correspondence from public administration authorities and courts to the registered inbox will be treated as equivalent to service by post.

Uncertain effective date       

Due to delays caused by COVID-19 in implementing technical solutions envisaged by the act, the legislators are thinking about changing the act's effective date. 
 
In such a case, enterprises will be able to file applications for an e-mail address from 1 July 2021 and the amended National Court Register Act (brought in line with the new service procedure) will enter into force on 1 October 2021.
 
Enterprises should be also aware of severe consequences of non-compliance with the obligations arising from the act, including fictitious (assumed) service of official letters from authorities and courts. 

Update: the amending act has been processed. The effective date of the new obligation will be postponed. We will tell you more details soon.