A collateral report on a Polish asset is delivered as a structured PDF document. The document compiles data extracted from official Polish registers, translated into English, with source references and retrieval dates attached to each factual statement. Nothing in the document is inferred or estimated without a named source.
- What the document contains
- Register extracts, ownership chain, encumbrance entries, and insolvency status — each item sourced and dated at retrieval.
- Language
- English throughout. Source-language register entries are reproduced in full and translated inline.
- Format
- PDF. No proprietary viewer required. No login-gated portal.
- Source transparency
- Every factual statement carries the name of the register and the date the extract was pulled. Statements without a verifiable source are not included.
What the document covers for collateral purposes
The collateral angle of a Polish asset report addresses three questions: what the asset actually is, what already encumbers it, and whether the owner or the asset is subject to any proceeding that could affect enforcement. Each section of the document maps to a named register.
For real property, the primary source is the land and mortgage register (Księga Wieczysta). This register records the legal description of the property, the current owner, all mortgage entries with creditor names and amounts, and any other encumbrances. The register is maintained by the courts and is publicly accessible by KW number. A foreign lender without a Polish national identifier or electronic signature faces a procedural barrier to direct access. The document removes that barrier.
For shares or enterprise assets, the National Court Register (KRS) records the company's registered data, share capital, representation rules, and filed financial statements. The Register of Pledges (Rejestr Zastawów) records registered pledges over movable assets and receivables. Both registers are checked as part of a standard collateral report.
| Asset type | Primary register | What it shows | What it does not show |
|---|---|---|---|
| Real property | Księga Wieczysta (KW) | Owner, mortgages, easements, encumbrances | Unregistered claims, pending cadastral corrections |
| Company shares | KRS + Register of Pledges | Share capital, pledges over shares, representation | Shareholder loan agreements, side letters |
| Movable assets / receivables | Register of Pledges (Rejestr Zastawów) | Registered pledges, creditor, amount, term | Possessory pledges, contractual liens not registered |
| Owner / debtor status | KRZ (National Insolvency Register) | Restructuring, bankruptcy, prohibition orders | Filed petitions not yet published |
| Ultimate beneficial owner | CRBR | Declared UBO name and ownership percentage | Undisclosed changes, indirect structures beyond declared chain |
How the document is structured
Each report follows a fixed section order. The opening section states the asset identifier, the registers consulted, and the retrieval dates. The encumbrance section lists every entry found, in chronological order, with the creditor name, the type of security, and the amount where the register discloses it. The limit section states explicitly what the sources do not show and where the chain of verification ends.
Source-language entries are not paraphrased. The original Polish text of a mortgage entry or pledge description is reproduced verbatim, followed by a working English translation. This allows the reader's own counsel to verify the translation without returning to the register.
The document does not contain legal advice, legal qualification of the facts found, or recommendations. Those functions belong to legal counsel retained separately. The document provides the factual layer on which that advice operates.
Delivery timeline
Timeline depends on the complexity of the asset structure and the number of registers consulted. A single-property report with a clean KW entry and one corporate owner is typically completed faster than a multi-layer structure requiring KRS filings, pledge register extracts, and CRBR verification across several entities. The specific timeline for a given instruction is confirmed before work begins.
Register access is not instantaneous in every case. Some Polish registers require a formal request rather than a live query. The KW online system provides real-time access by number; the Register of Pledges requires a search by debtor name or PESEL/NIP. Where a register operates on a request-and-response model, the retrieval date in the document reflects the date the response was received, not the date of the request.
The limit of what the sources allow
The ceiling of what the sources allow is stated before payment, not after. Polish official registers show what has been registered. They do not show what has been agreed but not filed, what has been filed but not yet processed, or what has been deliberately kept off-register. A mortgage entered in KW is visible; a side agreement granting a creditor priority outside the register is not. A pledge entered in the Register of Pledges is visible; a possessory pledge held without registration is not.
The KRZ insolvency register records proceedings after publication. A petition filed with the court but not yet published does not appear. An absence of KRZ entries means no published proceeding was found on the retrieval date — it does not certify the absence of a filed petition.
CRBR records the beneficial owner as declared by the obliged entity. The register does not independently verify the declaration. Where the declared structure differs from the actual ownership chain, the register reflects the declaration, not the reality. The document states the declared structure and flags any discrepancy found across other sources.
Where the sources disagree
Discrepancies between registers are a result in themselves, not a gap in the report. A KRS entry showing one share capital figure alongside a KW mortgage entry referencing a different entity name is recorded as a discrepancy, not resolved by inference. The document presents both entries and identifies the specific field where they diverge.
Common discrepancy patterns in Polish collateral reports include: a KW owner entry that has not been updated following a corporate merger visible in KRS; a Register of Pledges entry referencing an NIP number that does not match the current KRS record; and a CRBR beneficial owner declaration that does not align with the shareholding structure visible in the KRS Gesellschafterliste equivalent. Each of these is flagged with the register, the entry, and the retrieval date of each source.
Access conditions for a foreign buyer or lender
Several Polish registers are publicly accessible in principle but require a Polish national identifier (PESEL or NIP), an electronic signature qualified under Polish law, or a declaration of legitimate interest to retrieve a full extract. A foreign lender without a Polish entity and without a qualified electronic signature cannot complete the access path independently for all registers.
The KW online system (ekw.ms.gov.pl) allows a search by KW number without registration, but the full content of some sections requires a logged-in account. The Register of Pledges search requires a debtor identifier. The KRS document archive is accessible without registration for most filings, but older documents exist only as paper filings at the district court of registration. The report covers the accessible electronic record and states where a paper-only filing exists.
Contact for instructions: info@kordeckipartners.com.
Frequently asked questions
Does the report include a certified translation?
The document includes working English translations of all source-language register entries. Certified sworn translations for court or notarial use are a separate instruction and are not part of the standard report.
Can the report be used directly by a lender's legal counsel?
The document is structured to support legal due diligence. It provides sourced factual data with retrieval dates. Whether it satisfies a specific lender's internal requirements is a question for that lender's counsel. The document does not substitute for legal advice.
What happens if a register entry is unclear or incomplete?
Unclear or incomplete entries are reproduced as found and flagged. The document does not interpret ambiguous register language as confirmation of either the presence or absence of an encumbrance. The ambiguity is stated explicitly, with the original text.
Is the report updated if a register changes after delivery?
The report reflects the state of the registers on the retrieval dates stated within it. Register entries change. An update instruction, covering a re-pull of specified registers at a later date, is a separate engagement.
Disclaimer: This report is a factual compilation from official registers and public sources. It is provided for informational purposes only, does not constitute legal advice, and contains no legal qualification of the facts established. KORDECKI & Partners assumes no liability for actions taken or not taken based on this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.