At the beginning of December 2021, the so-called The National Register of Debtors (in Poland abbreviated as KRZ), a public, generally accessible register of debtors, i.e. persons or entities against whom restructuring or bankruptcy proceedings have been conducted or concluded with a final judgment.
The date of entry into force of the provisions has been postponed twice since the Law was enacted in December 2018. The latest, current, and possibly final deadline is December 1st, 2021.
As a rule, it is not possible to enter the National Register of Debtors by way of notification from natural or legal persons or the creditors themselves. The database of KRZ is to be updated frequently only by courts and bailiffs based on pending proceedings and pending final judgments. Who can be entered in the Register is determined by the conditions set out in the Law on the National Register of Debtors of December 6th, 2018 (you can read the content of the act here: Journal of Laws 2019, poz. 55).
Under Art. 2, point 1, the KRZ may include information on natural persons, legal persons, and organizational units that are not legal persons, to which the law grants legal capacity – against which restructuring or bankruptcy proceedings are or have been conducted. Additionally, it includes entities that are insolvent or threatened with insolvency.
A separate category is natural persons against whom enforcement of maintenance payments and enforcement of state budget receivables arising from benefits paid in the event of the ineffectiveness of enforcement of maintenance are pending, and who are in arrears with the fulfillment of these benefits for a period longer than three months.
Therefore, mind that not all debtors are eligible for the National Debtors Register.
Entities, legal and natural persons, whose personal data appeared in KRZ, will not be able to submit an application or petition with a request to delete the data. In this case, the conditions explicitly stated in the act apply again.
The main rule is that the debtor’s data automatically cease to be disclosed after 10 years from the date of the final termination or discontinuation of the proceedings. However, additional terms and conditions apply and modify this period. These include:
The scope of information contained in the National Register of Debtors is expressed directly in the content of the Law. In addition to basic data – which include: name and surname or company name, address, place of residence, NIP number, PESEL number, or KRS number – the register will also contain more advanced information, such as:
Access to the KRZ kept by the Ministry of Finance will be free and unlimited (meaning it will not require an additional account). The information provided shows that the website will offer the ability to search for records using one of the following criteria:
Information on natural persons, companies, and organizational units with legal capacity may be entered into the Register if provided by courts and bailiffs under the statutory conditions (never by creditors, even at their direct request). After a specified period (which is described in detail below), the personal data of debtors will be removed from the KRZ.