National Court Register - protection of third parties acting in confidence to the National Court Register

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Due to its universality, the National Court Register is one of the most reliable sources of information on registered entities. However, this does not change the fact that, due to the fault of the interested parties themselves, some data may often be out of date or even untrue. However, it is worth remembering that in such situations, the protection of third parties acting in confidence in the National Court Register is ensured by the provisions of the Act on the National Court Register.

Protection of third parties acting in confidence in the National Court Register

Protection of third parties acting in trust of the National Court Register is ensured by Art. 14 of the Act on the National Court Register. Pursuant to this provision, an entrepreneur who is obliged to submit an application for entry in the register may not rely against third parties acting in good faith (i.e. when they do not know that the information is not consistent with reality) have not been entered in the register or have been deleted.

It can be concluded from the above provision that a third party may fully rely on the data entered in the National Court Register, as long as it does not have information that it may be untrue. On the other hand, the entity entered in the register cannot try to benefit from the ignorance of the third party and the change of data, if they have not been reported within the prescribed period.

People acting in bad faith and the consequences of false data in the registry

Protection resulting from art. 14 of the Act applies only to persons acting in confidence in the register - it does not apply to persons acting in bad faith, i.e. those who realized that the entered data was out of date or untrue.

On the other hand, according to the general principles of civil law, good faith is always presumed. If the company suspects that a third party has acted in bad faith, it may seek to rebut this presumption.

Presumption of data truthfulness in the National Court Register

Data entered into the National Court Register pursuant to art. 17 of the Act are presumed to be true. Therefore, it is assumed that entries in the register are true and correct. This provision only confirms that the National Court Register is a reliable source of information about entered entities, and third parties may rely on this data without the need to obtain information from other sources.

Responsibility for the accuracy of data in the National Court Register

The entrepreneur is responsible for the accuracy of the data in the register. In addition, he is obliged to provide the information entered in accordance with the notification. Therefore, he should ensure that there are no deviations in this matter, and if they do occur - he must correct them immediately. It should be emphasized that any act performed by a third party acting in good faith will not be invalidated due to incorrect data in the National Court Register, even if it was not de facto the fault of the entrepreneur.

This issue is regulated by par. 2 Art. 17 of the Act. Namely, if the data has been entered in the register contrary to the entity's declaration or without this notification, the entity may not defend against a bona fide third party with the allegation that the data is not true, if it has failed to immediately submit a request for rectification, supplementation or deletion of the entry. .

Liability for damage resulting from untrue and outdated data in the National Court Register

The entire liability of the entrepreneur is supplemented by Art. 18 of the Act, which directly relates to the fact that an entity entered in the register is liable for damage caused to:

  • reporting false data, if they were subject to the entry obligation upon his request, and

  • failure to report data that was subject to mandatory entry in the register within the time limit set by the act.

Attention!

The entity entered in the register is not responsible for the damage caused, if it occurred as a result of force majeure or solely due to the fault of the injured party or a third party for which it is not responsible.

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