National Register of Debtors starting 1.02.2019.

The government adopted on May 29, 2018. A draft law on the National Register of Debtors (NCR). Legislative work on the project is still in progress. The NCR will disclose information on entities that are insolvent, at risk of insolvency or entities against which ineffective enforcement has been discontinued. This means that the NCR will be able to include the data of the following entities, among others:

  • against whom restructuring or bankruptcy proceedings are/were being conducted or a ban on business has been declared;
  • who are partners in commercial partnerships who are liable for the company's obligations with all their assets (without limitation) if the company is declared bankrupt or the petition is dismissed for lack of assets;
  • Against whom enforcement proceedings have been discontinued due to ineffectiveness of enforcement
  • defaulting on alimony obligations, if enforcement is ineffective and the person is in arrears for more than 3 months.

Data will be deleted from the NCR after either 7 or 10 years, depending on the type of data. The data contained in the Register will be public and open to the public, this means that any person via the Internet will be able to access the information contained therein.

The explanatory note to the bill states that one of its goals is to increase the security of economic transactions. The NCR will be a great convenience for entrepreneurs, who will be able to easily check their counterparty's ability to pay, especially in conjunction with the online financial statements currently available.

A person on such a Registry will face many difficulties - from making it difficult to do business, to difficulties in establishing business relationships, to difficulties in obtaining credit.

The law has not yet been enacted. Its scheduled effective date is 1.02.2019 r.

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