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Presidential bill mandating acceptance of cash payments

On 21 May 2021, the President of the Republic of Poland sent to the Sejm a draft law amending the Payment Services Act.

The Chancellery of the President emphasises that the draft is to guarantee the obligation to accept cash payments on the territory of Poland. According to lawyers, the current legislation does not impose such an obligation, which may cause inconvenience to persons who do not have payment accounts and narrows the possibilities of making payments.

According to a communication from the Chancellery of the President, the proposal to amend the Payment Services Act of 19 August 2011 by adding Article 59ea(1) eliminates the possibility for merchants to restrict the offer to conclude an agreement of sale or provision of services to consumers who will pay only in a non-cash form. This means that any offer to conclude a contract of sale or provision of services addressed by the merchant to the general public of consumers will give the possibility to pay in non-cash and cash form.

At the same time, the draft provides for relevant exemptions. This order to accept cash payments will not apply in the case of business conducted by the merchant in the Internet or where there is no staff service (self-service cash registers, etc.) and during mass events, if the merchant includes relevant information in the rules of the event. At the same time, the proposed regulation provides for no possibility of imposing additional fees by the merchants on account of the obligation to accept payment in cash.