Supplementing the PESEL number in CEIDG - the deadline of May 19, 2018!
May 19 is the deadline by which entrepreneurs should complete the entry in the Central Register and Information on Economic Activity with a PESEL number. If they fail to do so, their entry in CEIDG will be deleted ex officio. This applies to entrepreneurs who set up a company before January 1, 2012 and their entry was transferred to CEIDG from the municipal records. Those entrepreneurs who submitted any applications to CEIDG after January 1, 2012 can also be calm. Let's check when supplementing the PESEL number in CEIDG requires additional actions by the entrepreneur!
Supplementing the PESEL number in CEIDG - data verification
The PESEL number is not disclosed in the generally accessible part of the database, so it is not possible to easily check whether the PESEL number has been submitted to CEIDG or not. In the CEIDG message, it suggests how to check whether the entry contains a PESEL number. Thanks to this, entrepreneurs can quickly determine whether in their case it is necessary to complete the PESEL number in CEIDG.
- if the application for entry was submitted after January 1, 2012, the entry in CEIDG must include the PESEL number (otherwise it would not be entered);
- if the entrepreneur registered his activity before January 1, 2012 (i.e. still in the municipal records), he should find his entry in the CEIDG database of entrepreneurs and see in the history of the entry whether any applications were submitted to CEIDG after January 1, 2012; if so - you do not need to do anything, the PESEL number has already been completed;
- if the entrepreneur who registered the activity before January 1, 2012, did not submit any applications to CEIDG after January 1, 2012, and under the status of activity in the database of entrepreneurs there is the following information: "the entry has not been verified, reason: no PESEL number" should be go to any commune office to complete the PESEL number in CEIDG.
- if the entrepreneur cannot find his entry in the database of entrepreneurs or has not submitted any applications via CEIDG, he should go to any commune office, where the clerk will find the entry and check if there is a PESEL number on it; if it is not there, it will immediately accept the application for changing the entry, which is to complete the PESEL number in CEIDG.
What to do when the entry is deleted ex officio?
It may happen that the entrepreneur will not have time to complete his PESEL number by May 19, 2018 and his entry will be deleted ex officio. Then what?
You should apply to the Minister of Entrepreneurship and Technology with a request to restore the entry and place the missing data on it. The letter should be sent to the Department of Small and Medium Enterprises in the Ministry of Entrepreneurship and Technology to the address [email protected] or by traditional mail to the following address: Plac Trzech Krzyży 3/5, 00-507 Warsaw.
Where does this obligation come from?
The need to supplement the entry with the PESEL number (when the entry in CEIDG does not contain this number) is reminded in the message by the Central Information on Business and Registration.
This obligation is included in Art. 61 of the Act of 25 September 2015 amending the Act on the freedom of economic activity and certain other acts (Journal of Laws of 2015, item 1893). This provision shows that:
- if the entry in CEIDG does not contain the PESEL number, the entrepreneur completes the entry with this data within 2 years from the date of entry into force of the act; as the act entered into force on May 19, 2016, the deadline is May 19, 2018.
- the obligation to supplement the entry with PESEL does not apply to foreigners
- after the deadline for supplementing the entry with a PESEL number (i.e. after May 19, 2018), CEIDG deletes an entrepreneur whose entry does not contain a PESEL number
- CEIDG transmits by electronic means immediately, no later than on the working day following the date of deletion of the entrepreneur from CEIDG, information about the deletion to the Central Register of Entities - the National Register of Taxpayers, the Central Statistical Office, the Social Insurance Institution, the Agricultural Social Insurance Fund and to the relevant licensing authorities. , conducting regulated activities and the authorities competent for permits and licenses
And although the "Business Constitution" repealed the Freedom of Economic Activity Act, the 2015 Act amending the Freedom of Business Act has not been repealed. And it is in the Act of 2015 (and not in the repealed Act on the freedom of economic activity) that the discussed provision introduces the requirement to add a PESEL number to CEIDG by May 19, 2018 under the pain of deleting the entry.