Modern Communication with Authorities
e-Delivery, the electronic equivalent of a registered letter with acknowledgment of receipt, represents another step in the digitization of public administration. For entrepreneurs, this is a significant change that requires adaptation to new procedures and tools.
Mandatory Use of e-Delivery
According to the Act of November 18, 2020, on Electronic Deliveries, from April 1, 2025, all entities registered in the National Court Register (KRS), including limited liability companies and joint-stock companies, will be required to use e-Delivery in correspondence with public authorities. This means the necessity of setting up and activating an e-Delivery mailbox and implementing appropriate internal procedures.
The Essence of e-Delivery
e-Delivery is a service that enables online communication with authorities, replacing:
– Correspondence sent by mail in paper form, and
– Correspondence sent electronically via the ePUAP mailbox.
e-Delivery will be used for communication by government administration bodies, the Social Insurance Institution (ZUS), the Agricultural Social Insurance Fund (KRUS), and the National Health Fund (NFZ). Over time, this method of communication is expected to extend to other institutions. It is important to note that sending messages using an e-Delivery address will have the same legal effect as a registered letter with acknowledgment of receipt, including the presumption of delivery.
Procedure for Setting Up an e-Delivery Address and Mailbox
Entities registered in the KRS can set up an e-Delivery address and mailbox:
– Through a public service provider, currently Poczta Polska S.A.;
– Through commercial providers;
– When submitting an application for changes in the company to the KRS.
The formalities related to setting up an e-Delivery mailbox can be completed by an authorized representative.
Effects of Setting Up an e-Delivery Mailbox
From the day the e-Delivery mailbox is activated, correspondence from authorities and other entities using e-Delivery will, as a rule, be delivered to you exclusively via electronic means.
Mailbox Administrator – A Key Role
Every company should designate a mailbox administrator responsible for receiving and sending correspondence. This is an extremely important function, as after 14 days from the arrival of a message in the mailbox, the delivery will be considered completed, even if the message has not been read. This can have serious consequences, especially in the context of legal or administrative proceedings.
Potential Difficulties
It should be noted that there are certain limitations in the process of setting up and activating an e-Delivery mailbox – when providing administrator details, their PESEL number must be entered, and the form is available only in Polish. This may pose a challenge for foreign entrepreneurs operating in Poland.
How Can We Help?
Ensuring compliance with the new e-Delivery regulations is a key element in the proper functioning of any company. As a law firm specializing in legal support for entrepreneurs, we are happy to assist you in completing all formalities and implementing the necessary procedures. If you have any questions regarding e-Delivery, feel free to contact us – our team of lawyers is at your disposal.
