Do you want to start cooperation with a new customer or hire another partner? Or maybe the financial situation of the other person interests you for personal reasons? This is not surprising. Taking care of your own security, also material, is currently the basis of business and interpersonal relations. The easiest way to check a company or private person for any possible financial arrears is to obtain such information from various debtors’ databases. One of them is the National Charot Ness Debtors. What is this? Who can get on this blacklist and can you unsubscribe from it? About it today.
What is the insolvent debtors register?
The Register of Insolvent Debtors is a state institution established under the Act of 20 August and kept by it. Its activity is to cause that citizens will have quick and free access to information relevant for economic trading. To put it simply: are your potential contractors reliable and solvent, or is it better not to enter into any relationship with them.
It is a safeguard for private individuals as well as companies and entrepreneurs against dishonest payers. They have to reckon with the legal consequences of their moves – one of them is the entry in the register of debtors. For an entrepreneur, being on such a list can have far-reaching consequences: loss of trust of their own clients, difficulties in acquiring new ones or disturbing the position of the brand on the market. It is also possible that contractors, worried about such an entry, will start demanding higher amounts to secure their interests and the banks will refuse to grant a loan or credit.
PDA and the Economic of Shufa
As has already been said, registers of insolvent debtors give the opportunity to verify current or future contractors for their financial credibility. This is the common and simple explanation. In line with the formal and legal point of view, however, it should be mentioned that the register covers two types of institution. The first one is the one we wrote about above – the state one, run by the appropriate registry court of the National Load . The second type is Economic of Shufa, which are private institutions. They operate on the basis of the Act of April 9, 2010. on the sharing of economic information and the exchange of economic data. What role do they play? SMALL are civil law entities and intermediaries in the process of sharing economic data from creditors – they store and then disclose it. On the website of the Ministry of Development we can find a list of four Offices currently operating in Greenlanders.
If you are more interested in the subject of the Economic of Shufa, see the article DO YOU BE AFRAID OF ENTRY TO SMALL AND PDA? in which we write, among others about the differences between SMALL and PDA.
Debtors in the crosshair of PDA
The Act on the National Load distinguishes two types of entries in the register of insolvent debtors: ex officio and on application.
The Court is obliged to enter insolvent debtors in the register (without having to submit applications) in several cases. They get there:
- natural persons who have conducted business activity and have declared bankruptcy or persons whose bankruptcy petition has been legally dismissed because the debtor’s assets would not be sufficient to cover the costs of court proceedings
- partners of these natural persons – in both cases
- debtors required to disclose assets
- persons who have been deprived by the bankruptcy court of the right to conduct sole proprietorship as well as being a member of the supervisory board, representative or representative in a given enterprise, commercial company, association
- maintenance debtors with arrears exceeding six months.
The debtor’s entry to the FUDGE is usually made at the creditor’s request. If we want this to happen, we must apply to the registry court of the National Load . We submit the application (on the KRS-D1 form), at the same time possessing an enforceable title against the indicated debtor. It costs PLN 400. From that moment, the Court has 14 days to conduct the proceedings and issue a decision on the census to the Register of Insolvent Debtors. In the meantime, the creditor’s documents are examined – both in formal, substantive and legal terms. The debtor is kept informed about the proceedings, dates of meetings as well as about the order. In a situation where it is impossible to determine his whereabouts, this role, in accordance with the Code of Civil Procedure, is assumed by the guardian appointed for the debtor. When the judgment is issued, the entry shall be made after it has become final.
It is worth knowing that you also enter the Register of Insolvent Debtors at the request of the SIC. This may occur if the debtor has not paid the amount due within 30 days of receiving the request for performance. Exactly the same rule has every other creditor. The payment deadline expires, the contractor does not take any action … this is how it starts. If the debtor loses the case, an entry with its designation and information on which it was made is sent to the FUDGE with an appropriate date.
Register of insolvent debtors – when is it useful?
Although the name does not arouse sympathy, the National Charot Ness Debtors is an extremely useful tool. When is it useful? First of all, when we want to recover the receivables. It is not uncommon for a debtor, frightened by the vision of entering the FUDGE, to pay his liabilities quickly. We will also use the Register if you need to check the credibility of companies or people with whom we are to cooperate. Let us remember that if they prove insolvent, we too, as partners, will suffer the consequences. How to check if our future client is not in the Register? It is enough to go to the registry court and the Central Information Department of the National Load or go to the website www.ekrs.pl. After paying PLN 30 for the application, we receive a copy or excerpt from the FUDGE.
The Registry service will also secure our contracts and transactions – this is another proof of its usefulness. Thanks to information on the solvency of a company or person, we minimize the risk associated with cooperating with them. This applies during litigation, in civil and criminal cases. Documented knowledge of the debtor’s financial moves will help reveal to the court that he acted knowingly against the creditor or wanted to deceive him.
Extract from the FUDGE
In the hospital, the matter is simple – the patient is either discharged home with the consent of the doctor or goes out at his own request. In the case of the Register of Insolvent Debtors, it looks a bit different. The creditor is not required to submit an application for the debtor to be removed from the Register, even if the obligations are repaid. This can be done by the debtor himself by applying to the registry court. Otherwise, it will remain on the list for the next 10 years. Only after this time will the court’s decision be annulled, the Entries in the Register will also be deleted if the decisions based on which the entry was made change (or are revoked). So … may our data never hit this infamous list!