The court fee for an application to declare bankruptcy of a limited liability company is PLN 1,000. In addition to the above fees, the company must additionally pay an advance payment for the costs of bankruptcy proceedings. This advance is equal to the average monthly remuneration in the corporate sector without any bonuses from profit in the third quarter of the previous year. Currently, this advance amount is PLN 7,462.25.
Failure to pay the advance payment is treated as a formal failure of the bankruptcy application. In such a case, the court will request the applicant to complete it and pay the missing advance payment within one week. Failure to pay the advance payment within the deadline set by the court will result in the return of the application to declare the company bankrupt. An application returned by the court does not produce any legal effects related to its submission. Therefore, the final failure to pay the advance payment for the costs of the proceedings will result in the management board members not being released from liability for the company’s debts.
Members of the management board submitting a motion to declare bankruptcy of a limited liability company. they may also submit an application for exemption from the obligation to pay court costs. This application may concern both exemption from the court fee and an advance payment. The court will grant such an application for exemption from court costs if the company demonstrates that it does not have sufficient funds to pay them.