Barbara Kaczała

Attorney at law (Poland)
Senior Associate
Phone: +48 71 606 04 06

The transition period when you could file copies of financial statements signed with an electronic signature or a signature confirmed by the ePUAP trusted profile ended on 1 October 2018. Ever since that date you can file the financial statements only in accordance with the following principles:

1.e-Financial Statements 

Financial statements have to be compiled in electronic format and signed with a qualified electronic signature or a signature authenticated using the ePUAP (the electronic Platform of Public Administration Services) trusted profile. The financial statements must follow the logical structure and the format published in the Public Information Bulletin on the Ministry of Finance website.  

2.The logical structure

Financial statements have to be compiled in accordance with strictly defined logical structures, i.e. in XML format – since 1 October 2018 this has been the only form of original financial statements provided for by the law. Any other format, such as a scan or a print-out, will be only an image or copy of the financial statements. Financial statements in this format may be prepared only in Polish; any bilingual versions (presentation in two columns) will not be considered the original document. Translation will be allowed but only in the form of a separate document.

3.Management Report ("MR") 

The MR must be made in the electronic format and PDF will probably suffice.  

Since documents must be signed using an electronic signature, the date of signing the Management Report must be the same as the date of signing the financial statements. You cannot prepare the Management Report at a later date. 

The electronic format requirement does not apply to the resolution on the approval of the annual financial statements / on the distribution of profit or covering of loss (it means that scanned copies of those will probably be accepted).

Before being filed, documents which must be compiled in electronic format must be signed using the electronic signature as provided for in the Accounting Act. This means that accountants as well as all management board members obliged to sign financial statements will have to obtain qualified signatures (for financial statements compiled after 30 September 2018).

As regards management board members who are foreigners you should consider applying for a Polish personal identification number (PESEL) first.  

At this point, there is no official confirmation that a management board member who has a European qualified signature (e-IDAS) is allowed to sign the financial statements and whether it is compatible with the Polish eKRS system. 

The new regulations are unclear and raise controversies, especially as regards the application for PESEL for foreigners and the acceptability of e-IDAS.

Nevertheless, it is necessary to quickly take steps to arrange qualified signatures to be able to file financial statements with the National Court Register on time. Therefore, we would like to encourage you to contact Rödl & Partner's experts in this regard.

If you would like to know more on this topic or need help in reviewing articles of association, please contact Rödl & Partner's experts in Cracow, Gdansk, Gliwice, Poznan, Warsaw or Wroclaw, who will be glad to help you.

Barbara Kaczała