As of April 1, 2026, Polish businesses have virtually all moved away from paper invoices in favor of the National e-Invoice System. In an era of widespread digitalization of accounting documents, the question arises: is there still a place for the traditional paper bill of exchange in modern economic transactions?
Digital invoice and hard security
The KSeF significantly simplifies proving the existence of a debt. An invoice assigned a KSeF identification number is automatically delivered to the contractor. The debtor cannot dispute the invoice's delivery, as the due date and the claim's due date are objective and easily proven. However, the invoice itself is merely an accounting document and does not guarantee payment.
A bill of exchange, on the other hand, is a security that creates a separate obligation to pay. The combination of an electronic invoice and a bill of exchange security creates a situation for the creditor in which the National Securities and Exchange Office provides irrefutable data on the amount and due date, and the bill of exchange opens the way for immediate debt collection actions.
Advantage of a bill of exchange
The biggest advantage of a bill of exchange over an invoice alone is the procedural process. When collecting a debt under a structured invoice alone, the creditor typically uses a writ of payment procedure. If the debtor objects, the case proceeds to a lengthy hearing.
In the case of a bill of exchange, the creditor may apply for a payment order in payment order proceedings. Such an order:
- It is issued in closed session (without the participation of the debtor).
- Once issued, it constitutes a security title, which allows the bailiff to seize funds in the debtor's account even before the judgment becomes final.
- It forces the debtor to pay a high court fee if he wants to file objections, which effectively discourages unjustified prolongation of the dispute.
Bill of exchange guarantee – additional security
In an era of growing numbers of empty limited liability companies, promissory notes offer a unique disciplinary tool in the form of a promissory note guarantee. By including the signature of guarantors on the promissory note, such as a member of the management board or a shareholder, the creditor gains an additional debtor. In the event of a company's insolvency, this significantly simplifies the procedures for holding the owners or managers of the insolvent entity accountable. In such a case, the creditor can practically immediately enforce the debt against the guarantor's private assets. Such security can sometimes be the only chance for effective recovery.
How to update a bill of exchange declaration under KSeF?
For a blank promissory note to be safe and effective, the accompanying document, the promissory note declaration, must comply with the new regulations. An effective promissory note declaration is one that precisely regulates the relationship between the promissory note document and the debt it secures.
Graś i Wspólnicy Law Firm specializes in auditing and drafting bill of exchange agreements that eliminate litigation risk, and also offers comprehensive support in debt collection activities. If you need to adapt your bill of exchange agreements or debt collection procedures to the latest case law guidelines, we invite you to schedule a personalized consultation.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of April 2, 2026.
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