In an era of globalization and digitalization, it becomes more and more important to carefully verify the credibility of a potential/future business partner, before entering into any transaction.
Specifically in Poland, there are public, free, and online sources allowing you to check your business partners, such as:
- the KRS register, CEIDG, VAT, VIES, or CEPiK.
- Other commercial databases for further verification of the financial credibility
- Asset investigation services of a private investigator.
Below you can find a brief description of each of the above information sources.
1. National Court Register (in Polish: Krajowy Rejestr Sądowy – KRS)
The KRS register contains all basic information, such as an address, a business form, identification numbers, date of entry/removal, as well as changes in this data about all commercial companies – a registered partnership, a professional partnership, a limited partnership, a limited joint-stock partnership, a limited liability company, a simple joint-stock company, and a joint-stock company.
The register is maintained only in Polish, but access to the information is open to the public and free of charge. The register can be accessed via the following link:
https://wyszukiwarka-krs.ms.gov.pl/.
Entities can be searched for by KRS number, a tax number (NIP), a statistical number (REGON), or by name – by selecting on the form that the information is to be about the entrepreneur.
In addition, it is possible to download extracts from the register in PDF form – also for free. The extracts can include either current information, or also historic ones.
Potential red flags:
- the company is not registered,
- the company does not submit annual financial statements (it means that the company is not fulfilling its basic obligations),
- the opening of liquidation (i.e., the start of the process leading to the removal of the company from the KRS),
- initiation of bankruptcy, arrangement, restructuring, or reorganization proceedings,
- the data provided does not match the data in the register.
2. Central Register and Information on Economic Activity (CEIDG)
The register information is open to the public and free of charge. It collects data on natural persons – entrepreneurs conducting sole proprietorships or being partners in civil partnerships.
The register can be accessed via the following link:
https://www.biznes.gov.pl/en/wyszukiwarka-firm/.
An English version is also available.
To find the entity you are interested in, one needs to indicate its tax number (NIP) number or name. The register allows you to check, among other things, such information as the status of business activity (active, suspended), business address, and removal from the register.
Potential red flags:
- the entity is not registered or was removed from the register,
- business activity is suspended,
- initiation of bankruptcy, arrangement, restructuring, or reorganization proceedings,
- the data provided does not match the data in the register.
3. VAT register
This free and open-to-public register is a key tool for verifying the tax status of an entity. Investigating whether your potential business partner is on the list of VAT taxpayers, or the so-called “White List” should be done BEFORE proceeding with any transaction.
In the register, you can check whether the entity is an active VAT taxpayer or whether it was an active VAT taxpayer in the period you are interested in (you can indicate a specific date), the date of registration as a VAT taxpayer, as well as the date and reason for removal from the register or the reason for refusal to register.
Moreover, the list includes information about the taxpayer’s official bank account(s) number, the reliability of which is confirmed by the Head of the National Tax Administration, and therefore to which dues can be safely paid.
The register can be accessed via the following link:
https://www.podatki.gov.pl/wykaz-podatnikow-vat-wyszukiwarka.
The register is available only in Polish.
To do so, it is necessary to have an account number, NIP, REGON or the name of the entity.
Potential red flags:
- An entity is not on the White List,
- the bank account number provided does not match the data in the register.
4. VIES
This free and open-to-public open search engine owned by the European Commission is available in 23 member state languages allows you to check EU VAT information of your business partner. You can verify whether the VAT number exists and it has been activated for intra-EU transactions. The status can influence the VAT rate/settlement method of the transaction. To verify the information, you will need to have the VAT number of the counterparty.
The search engine can be accessed via the following link:
https://ec.europa.eu/taxation_customs/vies/#/vat-validation.
Potential red flags:
- the VAT number does not exist
- the VAT number has not been activated for intra-EU transactions
5. Economic Information Office (in Polish: Biuro Informacji Gospodarczej – BIG)
There are also available resources to check the financial condition of a contractor. In Poland, this information can be obtained by ordering a report from Business Information Offices which collect and provide information on the timely payment of bills and invoices by individuals and companies in various industries. The popular ones are:
- InfoMonitor Economic Information Office (BIG InfoMonitor): https://www.big.pl/
- National Debt Register Economic Information Office S.A.: https://krd.pl/
The services of the offices are fee-based, and prices depend on the scope of services provided.
6. Central Register of Vehicles and Drivers (in Polish: Centralna Ewidencja Pojazdów i Kierowców – CEPiK)
Nowadays there is an unflagging interest in purchasing second-hand vehicles (cars, trucks, escavators,…).
BEFORE purchasing (online) a used vehicle registered in Poland, it is worth checking its history. This service is free and provided by the Minister of Digitization (also in English). The service allows you to verify the credibility of a sales offer by checking the technical data of the vehicle or information about its valid third-party liability insurance. However, the register does not disclose the vehicle owner’s data.
To verify, it is necessary to have: the vehicle’s registration number, VIN number and date of first registration (all these data are included in the registration certificate and vehicle card, which the seller/owner of the vehicle should present to the buyer before the sale).
The register can be accessed via the following link:
https://historiapojazdu.gov.pl/strona-glowna.
Potential red flags:
- the vehicle is not registered,
- the vehicle data provided does not match the data in the register,
- the vehicle does not have valid liability insurance,
- the vehicle has been marked as stolen.
7. Asset investigation services
Should more detailed information is required, one can consider using the asset investigation services of a private investigator. It is essential to use a licensed detective office for this purpose, to ensure that the search meets professional standards. The scope of investigation may vary, but it usually also includes reports from the commercial databases.
Should you require any further assistance in transactions with your Polish business partner or concerning doing business in Poland, reach out to Damian Brodzinski from Monard Law’s Polish Desk. With the expertise of Damian Brodzinski as well as via our Polish desk we can assist you together with our Polish colleagues from BSJP | bnt attorneys in CEE, a multidisciplinary legal practice with international reach and one of Poland’s premier business law firms.
