On Aug. 28, 2025, POL GVT published Act of Jul. 25, 2025 amending the Banking Law.
Art 59a, s6, art 59b Banking Law of Aug. 29, 1997 amended re account closure, etc.
In Act of Dec. 2000 on functioning of cooperative banks, association, affiliating banks after art 10d, art 10da is added, re proof of live of account holder; more details.
Banks and credit unions that, on date of entry into force of act, have access to data pursuant to decision art 51.2 point 1 of Act amended in art 4, in its current wording, to be granted access to data in art 49.2aa without written application to specific minister.
The Act shall enter into force three months after its publication i.e. on Nov. 28, 2025.
On Apr. 30, POL GVT issued bill to amend Banking Act on said topic.
POL GVT consulted on bill to amend Banking Act and Act on population registration.
Draft available Government Legislation Centre site in Legislative Process tab (UDER9).
Context
Re providing banks with information on death of bank account holder (natural person with account not opened in connection with business activity), it is advisable to provide data on death date from Universal Electronic Population Registration System (PESEL) not only on the fact of death as is currently the case.
Banking Act 1997 links effects of termination of bank account agreement and being bound by agreement until bank pays out funds to person with legal title to them.
So banks should be provided with possibility of obtaining information on date of death.
Art 92ba s1 point 2 of the Act states bank is obliged to provide holder of bank account who is natural person, person who obtained legal title to inheritance of holder of account and successor administrator with collective information on holder's bank account agreements terminated or expired for reasons referred to in art 59a s1-3.
At same time, art 92ba s2 states collective information shall indicate entity maintains or has maintained account, account numbers resulting from account agreement and information on whether the accounts are still maintained.
But Act does not specify time scope of providing information on holder's bank accounts terminated or expired for reasons referred to in art 59a s1-3 of the Act.
Obligation may be difficult to fulfill in case of accounts closed earlier than maximum periods for storing information on accounts resulting from currently applicable law (e.g. 5-year period from Accounting Act 1994, Tax Act 1997 or AML Act 2018, as amended).
Noted that when storing documentation regarding bank accounts, banks also take account of limitation period for customer claims related to given type of bank account.
Key Aspects
Proposes to change regulations so banks are required to obtain information on date of death of customers directly from PESEL register, which will enable quick closure of so-called dormant accounts (related to lack of activity on part of the account holder).
The proposed change may contribute to acceleration of obtaining aggregate information by heirs and may reduce the risk of payments to unauthorized persons.
To make arrangements, public consultations and opinions, Minister of Finance asked for comments to the bill in electronic (editable) form be sent to email address provided.
Effectiveness
Shortened deadline for submitting comments of May 8, 2025 responds to deregulation objective of draft, of special legislative importance and narrow scope.
Failure to submit position by deadline will be deemed to be agreement on its content.
Aug. 2025 Act Published
On Aug. 28, 2025, POL GVT published Act of Jul. 25, 2025 amending the Banking Law.
Art 59a, s6, art 59b Banking Law of Aug. 29, 1997 amended re account closure, etc.
In Act of Dec. 2000 on functioning of cooperative banks, association, affiliating banks after art 10d, art 10da is added, re proof of live of account holder; more details.
Banks and credit unions that, on date of entry into force of act, have access to data pursuant to decision art 51.2 point 1 of Act amended in art 4, in its current wording, to be granted access to data in art 49.2aa without written application to specific minister.
The Act shall enter into force three months after its publication i.e. on Nov. 28, 2025.
Regulators
POL GVT
Entity Types
Bank; CNSM
Reference
OG Poz 1191, 8/28/2025; Act 7/25/2025; Bill UDER9, CP, Lt, PR, 4/30/2025; Banking Act
