Law Firm Doradztwo Skarbiec represents foreign companies seeking to invest and participate in Polish markets.
We can offer you practical, prudent advice on just about any legal problem you may face dealing with Polish business entities or authorities.
We assist foreign companies in complying with state and local laws, and treaties to which Poland is a party, including Polish tax law, commercial law, labour law and administrative law.
Should you have any inquiries or further questions, please contact Doradztwo Skarbiec.Biz directly:
E-mail: doradztwo@skarbiec.biz
Address: Sheraton Plaza, Prusa Street 2, 00-493 Warsaw
Company formation in Poland
[Warsaw, 06.06.2006] Pursuant
to Article 6 Section 1 of the Law on Freedom of Business
Activity, undertaking,
conducting and terminating a business activity in Poland
is free for any one, with equal rights, and subject to terms
and conditions set forth in the provisions of law.
A foreign entrepreneur
may perform its economic activity in Poland, inter alia,
in the form of: a joint stock company, a limited liability
company
or a branch. The most common and preferable for the foreign
entrepreneur is a limited liability company. Since the requirements
for incorporating and operating a joint stock company are quite
strict, we typically advise my clients to select the limited
liability company, unless there are good reasons to chose another
option.
Registration of a company in Poland
If you wish to start a
limited liability company in Poland, please note that such
actions shall be undertaken:
(a) Signing the deed of establishment
of the Company and the Company's Articles of Association in
the form of a notarial deed;
(b) Concluding a lease contract in respect
of the premises in which the registered office of the Company
will be located premise (depends on, if are interested in finding
a place to commence real operations, just an office or a mailbox
with address);
(c) Registering the Company in the respective National
Company Register;
(d) Notifying the tax office competent for the Company's
registered office about its entry into the register (obtaining
a tax identification
number - NIP);
(e) Announcing the Company's entry into the register
in the official journal - "Monitor Sądowy i Gospodarczy";
(f) Registering
the Company in the relevant Statistical Office (and obtaining
a statistical REGON number);
(g) Opening a bank account;
(h) Notifying relevant Labour and Sanitary
Inspectors about the commencement of the Company's operation,
and providing them
with information required by labour law - within 14 days from
the date on which the company has commenced its activity;
(i) Registering
the Company's employees with the relevant ZUS (social security
agency) department.
How to establish
a company in Poland?
In practice, the undertaking
of business activity in Poland by a foreigner usually does
not entail major problems and takes up to a few weeks. Usually,
this does not trigger any significant administrative fees to
be paid. Nonetheless, such registration without assistance
of a Polish lawyer could be difficult since the registration
procedure is highly formalised. Pursuant to Article 19 Sections
2-3 of the Law of August 1997 on Polish Business Register,
an application for entry in the register is filed in an official
form, and any application incorrectly filled is returned without
a request to complete it. The registration procedure is conducted
in Polish only. Documents in foreign languages may be submitted
in the form of certified translations, with apostille, if needed.
During the process
also such documents might be required:
(a) excerpts of documents evidencing the
existence and legal status of the investing companies, issued
by a relevant
public or state authority in the country
where the company has its registered office, and/or
(b) decisions of the authorised body of the investing companies
in respect of starting commercial activity in the form of a
limited liability company in Poland; this may be the resolution
by the Board of Directors, resolution of the Shareholders'
Meeting (General Assembly of Shareholders) or other relevant
documents, depending on the statutory provisions of the founders,
and/or
(c) Articles of Association of the founder.
Should you have any further questions, do not hesitate
to contact the owner of Skarbiec.Biz: redaktor.naczelny@skarbiec.biz
DISCLAIMER: The
material you read on this site has been prepared and/or edited
by Robert Nogacki for information purposes only. This information
should not be construed as legal advice and it is not necessarily
current or complete. Receipt of this information does not
create an attorney-client relationship.
Nota prawna: Przed
użyciem strony "Company formation in Poland | Registration of a company in Poland | How to establish a company in Poland?" proszę
nie zapomnieć o zapoznaniu się z "Warunkami
korzystania z portalu".