National Register of Debtors – from December 2021

by Marcin Pater

30 June 2021

The National Register of Debtors (NRD) is a register which will contain the data of:

• persons against whom restructuring and bankruptcy proceedings are pending;
• persons against whom enforcement proceedings were carried out but were cancelled due to being ineffective.

Purpose of the amended legislation

According to the explanations of the Polish Senate, the extension of the implementation period until December 2021 will allow authorities to prepare for the implementation of the ICT system to be used for handling court proceedings. One of the main purposes of the amendment is to ensure coherence between the solutions provided for in the Bankruptcy Act and in the National Register of Debtors Act in order to streamline consumer bankruptcy proceedings.
 

Upcoming changes

Starting from December 2021, a restructuring adviser will keep the files of his cases only in the ICT system. The amended act will, among others, extend the scope of information to be disclosed in the NRD, give access to the files and allow filing letters and documents through the ICT system used for handling the court proceedings.
 
As the bankruptcy and restructuring proceedings will be conducted exclusively in that system, the court files in such proceedings will be created and processed entirely by electronic means.
 
The National Register of Debtors Act introduces also for good a new option of simplified restructuring proceedings which is currently available only until 30 June 2021. As a result of postponing the effective date of the act, enterprises cannot benefit from the simplified restructuring proceedings between 1 July 2021 and 1 December 2021.