A company's website is a crucial marketing and communication tool. Joint-stock companies and limited joint-stock partnerships are required to have their own website. The specific information and elements that should be included on a website can be questionable. The answer to this question stems directly from legal regulations and is related to the companies' obligations to their shareholders.
It's obvious that having a website allows a company to reach a wide range of customers worldwide. A website is undoubtedly a popular marketing channel. By publishing content about products, services, and company-related news, a company can build a positive image and attract new customers. In today's article, we will primarily discuss the mandatory website elements for joint-stock companies and limited joint-stock partnerships, as required by applicable law.
Pursuant to Article 374 §1 of the Commercial Companies Code (hereinafter referred to as the Commercial Companies Code) for a joint-stock company and Article 127 §5 of the Commercial Companies Code – respectively for a limited joint-stock partnership – the website should contain the following designations:
- the company's name, registered office and address,
- the registry court where the company's documentation is kept and the number under which the company is entered in the register,
- Tax Identification Number (NIP),
- the amount of share capital and paid-up capital.
Moreover, in accordance with Article 5 § 5 of the Commercial Companies Code: "A joint-stock company and a limited joint-stock partnership shall maintain their own websites and shall also publish on these websites, in areas designated for communication with shareholders, announcements from companies required by law or their statutes .
This obligation expands the list of publications in which companies must publish this information. This list also includes the Court and Economic Monitor.
Therefore, the website should contain all company announcements required by law or the company's articles of association. This means that the website serves as a platform for ongoing communication with shareholders and a real source of information about the company's current affairs.
The website should undoubtedly contain all announcements required by law and published so far in the places mentioned above, i.e. in particular information subject to publication in the Court and Commercial Gazette (i.e. information disclosed in the register of entrepreneurs), announcements required by law, such as:
- information on the planned dates of the general meeting of shareholders and the agenda,
- information on draft resolutions,
- publication of financial statements,
- opinions of statutory auditors,
- publication of reports on the activities of company bodies,
- summons to creditors in the event of convocation or liquidation proceedings.
However, what is very important and worth emphasizing is that maintaining a website by the company does not replace the obligation to publish announcements in the Court and Economic Monitor.
It is important to note Article 47, Section 1 of the National Court Register Act, which requires joint-stock companies and limited joint-stock partnerships to report to the registry court the website address referred to in Article 5 §5 of the Commercial Companies Code. Such an address is entered in Section 1, Column 2, and is therefore public, allowing anyone interested to easily determine on which website (at what address) a given company publishes the notices required by law.
What are the consequences of not having a company website or not posting the required information on it?
If the company is found to have failed to comply with the obligation in question, the management board is liable to a fine of up to PLN 5,000, in accordance with Article 595 of the Commercial Companies Code.
It should be noted that the above article presents solutions applied to private companies. This solution, which requires joint-stock companies and limited joint-stock partnerships – regardless of their nature, size, or shareholder structure – to have websites, is primarily intended to promote the stability and security of trading. Companies are also responsible for ensuring the proper operation of their websites and ensuring that information is consistently updated.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of January 3, 2024
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