Pawnshops

The Act on consumer pawn loans of 14 April 2023 (Journal of Laws of 2023, item 1285) imposes additional obligations on entrepreneurs conducting pawnbroking activities, e.g. from 7 January 2024, entrepreneurs will be required to obtain an entry in the register of pawnshop activities.

Entrepreneurs who conduct pawnbroking activities will be able to obtain the said entry in the register only after meeting a number of formal requirements. In many cases, this will require changes to the company’s operations, such as:

1. Changing the form of business to a limited liability company or a joint-stock company.
2. Increasing the company’s share capital to the minimum amounts specified in the Act.
3. Paying up the share capital exclusively with funds of specific origin.
4. Fulfilling the requirements by persons who are members of the management board, commercial attorneys-in-fact and members of the supervisory board.

Entrepreneurs who launched their pawnbroking businesses before 7 January 2024, will be able to run them without an entry in the register only until 7 July 2024. Submitting an application by 7 July 2024 entitles the entrepreneur to continue their pawnbroking activities without an entry in the register until the date of final consideration of the application for entry.

The new legal provisions secure the performance of additional obligations by specifying fines for their improper fulfilment. For example, entrepreneurs who conclude a consumer pawn loan agreement or an agreement for the sale of the object of pawn security with a consumer without an entry in the register will be subject to a fine of up to PLN 500,000.