National Court Register - the principle of presuming the truthfulness of data entered in the National Court Register
Some forms of conducting business activity oblige entrepreneurs to obtain an entry in the register of entrepreneurs of the National Court Register. In relation to the data disclosed in the National Court Register, the so-called the principle of presumption of the truthfulness of data entered in the register expressed in art. 17 of the Act on the National Court Register. In the following article, we explain exactly what a presumption to be true is.
Definition of a presumption
In order to define the very concept of a presumption, one can refer to the dictionary of the Polish language, which explains that presumption is the recognition of the existence of an unproven fact on the basis of other established facts related to it. When transferring this to the legal ground, the presumption should be understood as the assumption that the given information is true.
The principle of presumption of truthfulness of data entered in the National Court Register
Data entered into the National Court Register are presumed to be true. They are considered to be in line with reality. The principle of presumption of the truthfulness of data disclosed in the National Court Register imposes on entrepreneurs responsibility for the entered data. If they do not react to registry errors and a third party is suggested by this information, they will be liable to that person.
Pursuant to Art. 17 sec. 2 of the Act on the National Court Register, if the data was entered into the register inconsistently with the entity's application or without such notification, this entity may not defend against a third party acting in good faith that the data are not true, if it has failed to immediately submit a request for correction, supplementation or deletion of an entry.
Presumption of truth expressed in art. 17 may be rebutted, as the Act does not prohibit it, however, as already indicated above, the registered entity itself has a very limited possibility of revoking the presumption provided for in Art. 17 sec. 1 of the Act against third parties acting in good faith.
Not all data in the National Court Register is presumed to be true
The principle of presumption of data accuracy does not apply to data disclosed in the fourth section of the register of entrepreneurs, which contains information on arrears, inter alia, tax with ZUS or some information on bankruptcy and enforcement proceedings. The data disclosed in the fourth section of the register is listed exhaustively in Art. 41 of the Act on the National Court Register.
Therefore, it is not possible to directly assume that the data contained in this section are true. For evidential purposes, it will be necessary to use a document certifying their authenticity.