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Poland

Third-party costs in security interests in Poland

Poland

1. Is notarisation required and are fees payable?

Depends on the type of security interests, for example:

1.1 Mortgage

in order to be effective, the creation of mortgage requires signing a notarial deed of establishment by the owner or perpetual usufructee and a written statement by the creditor (unless the mortgage is to be established in favour of a Polish bank pursuant to Polish banking law, in which case a statement in simple written form with a bank’s stamp is also acceptable) – a notarial fee calculated on the basis of the amount of the mortgage; the maximum fee is approx. EUR 2,500 plus VAT 23% (PLN 10,000 plus VAT 23%) – if the amount of the mortgage is above 2,000,000 PLN.

1.2 Financial pledge 

the date of execution of a financial pledge agreement should be certified by a notary (in accordance to the provisions of the insolvency law) – such certification is approx. EUR 1.5 (PLN 6) per page of the agreement (multiplied by the number of counterparts / copies) additionally for the notary’s activities outside the office: PLN 50 during the day, PLN 100 during the night or holidays (maximum amounts) plus VAT 23%.

2. Do the following securities / deeds require to be registered in the Local Property Register and what fees are payable? 

2.1 Pledge agreements 

No.

2.2 Mortgage 

Yes – in the appropriate land and mortgage register maintained by the district court relevant for the real property – a court registration fee of approx. EUR 50 (PLN 200) per mortgage.

2.3 Security assignment 

No.

2.4 Guarantee / surety / letter of comfort 

No.

2.5 Subordination of claims 

No.

3. Do the following securities / deeds require to be registered at the local Registrar of Companies and what fees are payable? 

No security has to be registered at the Commercial Register per se, however with respect to pledges over shares – an entry concerning the pledge must be made in the company’s book of shares and shareholders’ list and the new shareholders’ list must be filed with the National Court Register (Companies Register) – court fee of app. EUR 10 (PLN 40) for registration.

4. The following securities / deeds are required to be registered at the local Pledge Register and fees are payable 

All registered pledges for their perfection have to be registered with the Pledge Register. A registered pledge is subject to a registration fee in the amount of approx. EUR 50 per pledge (200 PLN) for registration.

Please note that while the information on this page was current and accurate as at 8/9/16, it may no longer be current or accurate and so you must speak to your local CMS Banking contact if you require confirmation of any of the costs or fee levels as at today’s date!