Starting a business

Rules of conducting economic activity in Poland by foreigners

If you do not have Polish citizenship and you want to do business in Poland, you have the right to take up and pursue business activity. You can also establish a branch or a representative office of your company in Poland or offer or provide temporary services.

Establishing a company under the principles applicable to Polish enterpreneurs

If you meet any of the following conditions, you are bound by the same conditions and rules as Polish nationals and you can register activity in the same way as Polish nationals.

  • you are a citizen of a Member State of the European Union or of the European Economic Area,
  • you are a citizen of another country and hold, among other things

    • – permanent residence permit
    • – a residence permit for a long-term resident of the European Union
    • – temporary residence permit granted in connection with, inter alia, family reunion legally residing in Poland, studying
    • – refugee status
    • – subsidiary protection
    • – a permit for residence for humanitarian reasons or a permit for tolerated stay
    • – a temporary residence permit and are married to a Polish citizen residing on the territory of the Republic of Poland
    • – a temporary residence permit for the purpose of conducting business activity, granted in connection with the continuation of business activity already conducted on the basis of an entry in the Central Register and Information on Business Activity
    • – temporary protection in Poland
    • – a valid Polish Card.

The most important types of business activity in Poland are as follows:

  • sole trader – individual business activity (including civil law partnership),
  • commercial companies,
  • companies (limited liability company and joint-stock company),
    • partnerships (registered partnership, professional partnership, limited partnership, limited joint-stock partnership)

You can also set up a branch and a representative office.

Forms of activity in Poland:

  • sole trader (self-employment),
  • companies:

    • – civil law partnership (Minimum two partners – natural persons, legal persons or organisational units having legal capacity)
    • – registered partnership (Minimum two partners – natural persons, legal persons or organisational units having legal capacity)
    • – professional partnership (Minimum two natural persons authorised to practise liberal professions (partners))
    • – limited partnership (Minimum two partners – natural persons, legal persons or organisational units with legal capacity, including one general partner (liable with all his assets) and one limited partner (liable with the amount specified in the contract))
    • – limited joint-stock partnership (Minimum two partners – natural persons, legal persons or organisational units with legal capacity, including one general partner (liable with all his assets) and one shareholder)
    • – limited liability company (Minimum two partners – natural persons, legal persons or organisational units with legal capacity)
    • – joint stock company (Minimum one founder (natural person, legal entity or organisational unit with legal capacity). A single-member limited liability company may not be the founder).

Establishing a company by other foreigners

If you do not meet any of these conditions,  in order to run a business in Poland you may conduct it only in the form of partnerships: registered, limited liability, limited joint-stock, joint-stock.

You can also join such companies, acquire and subscribe for shares.

Cross-border services in Poland

Do you have the citizenship of one of the EU Member States and would like to temporarily provide services in Poland? You do not have to register activity in Poland. You can take advantage of the so-called cross-border service provision. It is temporary and occasional. Every service provider, including entrepreneurs from the EU, may temporarily provide services on a cross-border basis in another EU country, e.g. in Poland.

Cross-border services may be provided by:

  • a natural person from another Member State not engaged in an economic activity,
  • an entrepreneur from another Member State who carries out economic activity in accordance with the provisions in force in that State.

Not all types of services can be provided within the framework of cross-border provision of services, e.g. transport, notary, pharmaceutical, medical, gambling services cannot be provided. This applies mainly to services the performance of which requires specialist qualifications or education. The list of exclusions from the cross-border provision of services is included in the Act on the rules of participation of foreign entrepreneurs and other foreign persons in the economic trade on the territory of Poland.

Branch of a foreign enterpreneur

Do you run a company in EU country? If so, you can open a branch in Poland. You can do business in the same way as you do abroad.

These rules also apply to non-EU citizens if they have mutual agreements with Poland.

Remember to:

  • appoint a person authorised to represent the foreign entrepreneur in the branch,
  • enter the branch into the National Court Register,
  • attach an excerpt from the foreign register together with a translation into Polish,
  • attach the memorandum, agreement or statute together with a translation into Polish.

It is necessary to use the name of the branch abroad, with the Polish translation of the legal form, and the phrase “branch in Poland” to designate the branch. Keep separate accounts in Polish, report all changes within 14 days.

MORE: Registration of a branch of a foreign company in the National Court Register

Representative office of foreign enterpreneurs

Important information:

  • remember to enter the representative office in the register of representative offices kept by the Minister of Entrepreneurship and Technology,
  • representative office can only be set up for 2 years, with possibility of prolonging it for another 2 years,
  • remember to prepare the application in Polish,
  • remember to attach an excerpt from the foreign register together with a translation into Polish, and possibly another document specifying the registered office and the persons authorised to represent the company,
  • authorisation for the person to represent the representative office, together with a declaration of acceptance.

Permission to subscribe for shares

If you wish to purchase or subscribe for shares in a company that owns a property, you must hold a special permit.

sourcehttps://www.biznes.gov.pl/en/firma/doing-business-in-poland/company-registration-in-poland/rules-of-conducting-economic-activity-in-poland-by-foreigners

X