Legislative work is ongoing to amend the Act on the Ombudsman for Small and Medium-Sized Enterprises. The draft is currently in the consultation phase and proposes many changes to the competencies of the office, which until now has covered only micro, small, and medium-sized companies. Once the new law takes effect, the Ombudsman will be able to take actions on behalf of all entrepreneurs, including farmers, lawyers, and company partners. The competencies of the Ombudsman for Entrepreneurs’ Rights will also be expanded, among other things, to include the review and initiation of legal acts.
“First of all, the name of the office will change. It will no longer be the Ombudsman for Small and Medium-Sized Enterprises, but the Ombudsman for Entrepreneurs’ Rights. This means that protection will cover not only micro, small, and medium entrepreneurs, but also large entrepreneurs, as well as farmers who currently conduct business activity but are excluded by the current law and whom we cannot assist,” says Agnieszka Majewska, Ombudsman for Small and Medium-Sized Enterprises, in an interview with Newseria agency. “Also, professions such as lawyers, notaries, insurance agents—these are also people conducting business activity but who are not registered, for example, in the CEIDG (Central Registration and Information on Business), so currently we are unable to help them as well.”
The draft law also mentions extending protection to partners in single-member limited liability companies, as well as partners in registered partnerships, limited partnerships, or professional partnerships; shareholders of simple joint-stock companies who contribute to the company with work or services; and general partners in limited joint-stock partnerships.
The office will also gain the ability to appoint plenipotentiaries, including one for European Union affairs, enabling it to stay updated on developments in Brussels. The law also foresees expanding cooperation with EU institutions to protect entrepreneurs’ rights. But that is not all.
“We will be able to prepare draft normative acts related to conducting business activity in areas where I see problems reported by entrepreneurs. I will be able to prepare these acts and send them to the Council of Ministers or to the relevant ministries authorized to undertake the legislative process,” emphasizes Agnieszka Majewska. “This is a very important change because this is something we have been missing.”
The Ombudsman will also review all legal acts concerning business operations.
“Currently, ministries send us draft acts for review, but not all do. If the law changes, this obligation will apply, so every minister, if any change concerning business activity is introduced, will be obliged to send us the draft for opinion,” explains the Ombudsman for Small and Medium-Sized Enterprises.
She assures that the amendment and extension of the Ombudsman’s competencies will not weaken the protective function for micro, small, and medium enterprises, who need the most support from institutional representatives. However, large companies also face challenges, especially regarding legislative matters.
“Large entrepreneurs report problems to us, which I accept, because the large is connected with the small. It is a whole chain, so the large knows what troubles the small, even though the small does not always know what troubles the large. I assume the changes will benefit everyone, including farmers who do not have their own Ombudsman. If all goes well, they will have one from January,” explains Agnieszka Majewska.
The draft act amending the provisions on the Ombudsman for Small and Medium-Sized Enterprises is currently under consultation. The deadline for submitting comments by interested parties is July 25 this year.
“I hope it will come into force on January 1, 2026,” says the Ombudsman for SMEs.
