The National Register of Debtors is a project of a new database with information on debtors, which is to be launched at the end of 2020. How will it work? What data can I search in it? Who is at risk of entering such a register and what will change in matters related to debts? We answer!
What is the National Register of Indebted Persons?
The creation of a similar base has been talked about since 2018 when the Register of Insolvent Debtors was to replace the Central Register of Restructuring and Bankruptcy. Despite the announcement that CRRiU will enter into force on February 1, 2019, it has not been created yet. Ultimately, this idea was abandoned, and the National Register of Debtors was to be created instead.
The main purpose of creating a new register is to simplify and accelerate bankruptcy and restructuring proceedings. It is not yet known exactly when the National Register of Debtors is to start operating. Since when is its operation planned?
The register is to be operational from December 1, 2020. Of course, this date may still change. However, if it turns out that it is already active, the register will be available on the network, and searches in it will be free. They are to include, among others, PESEL, REGON and NIP numbers of debtors.
Who can go to the National Register of Debtors?
The National Register of Debtors is to be a database containing information on debtors. Who exactly should be afraid of entering in this register? Pursuant to Article 2 of the Act on the National Register of Indebted Persons, the following may be added to the database:
- natural persons, legal persons, and companies against which restructuring or insolvency proceedings or secondary insolvency proceedings are or have been conducted,
- entrepreneurs who are or have been subject to proceedings for a ban on conducting business activity and performing functions in supervisory and management bodies,
- partners of commercial partnerships who are responsible for the company’s obligations without any restrictions on their assets, if consumer bankruptcy has been declared, secondary insolvency proceedings have been initiated against the company or the bankruptcy petition has been dismissed,
- natural persons, legal persons, and companies against whom enforcement proceedings have been discontinued due to the fact that no greater sum than the enforcement costs will be obtained from the enforcement,
- natural persons against whom enforcement of maintenance payments takes place and enforcement of state budget claims arising from benefits paid in the event of ineffective recovery of maintenance, and who are in arrears with these benefits for a period longer than 3 months.
Information will be included in the National Register of Indebted Persons?
In the National Register of Indebted Persons, the data will be divided into two categories. It will contain an open register and a register intended for participants in the proceedings and persons who have other justified reasons to review the files. The general part should contain all general information about the debtor. You will be able to check-in it:
- name of the natural person or company name,
- address of residence of the debtor or company headquarters,
- PESEL, NIP, KRD and REGON numbers,
- reference number of the file and details of the court which is conducting the proceedings.
It is important that the information on the submission of the application and its result will be public, while the content of these applications will remain available only to persons related to the case. Therefore, information on submitting the following applications will be public:
- for bankruptcy,
- to institute secondary insolvency proceedings,
- about the final return, rejection or rejection of the application and discontinuance of the proceedings.
In addition, information on securing the debtor’s assets by establishing the following institutions will be available in the register:
- temporary court supervisor,
- temporary administrator or forced administrator,
- information on the scope and manner of performing the management board,
- bankruptcy or dismissal of the bankruptcy petition,
- opening of secondary bankruptcy proceedings,
- opening and type of restructuring proceedings,
- information on the list of claims, time limit and method of reporting them, as well as a repayment or cancellation plan,
- information on the redemption, termination or revocation of bankruptcy and restructuring proceedings.