2006-12-11
Take the following steps to establish a company in Poland
Foreign entrepreneurs may set up branches with business offices in the Republic of Poland. Entitlements of foreign entrepreneurs depend on whether international agreements grant similar entitlements to Polish entrepreneurs abroad (principle of reciprocity), as well as on whether international agreements ratified by Poland do not stipulate otherwise.
Foreign entrepreneurs setting up a branch may conduct business activity only within the scope of the line of business of the foreign entrepreneur. The scope of the line of business activity of a branch does not have to be as broad as the line of business conducted by a foreign entrepreneur abroad.
A branch may undertake business activity upon entry into the register of entrepreneurs established within the National Court Register (KRS).
In order to be entered into the register, a foreign entrepreneur is obliged to the following:
to state forenames and surnames and the address in Poland of the person authorised in the branch to represent the entrepreneur;
to attach a specimen certified by a public notary of the signature of the person authorised in the branch to represent the entrepreneur;
in case when they operate on the basis of a founding deed, articles of association or partnership to file such document in registration records of the branch along with certified translation into Polish;
in case when they are established or conduct business activity on the basis of entry into the register to file a copy of registration along with certified Polish translation in registration records of the branch;
A foreign entrepreneur who sets up a branch is obliged:
- to use the name of the foreign entrepreneur in the language of the nation of its seat along with a translation in the Polish language of the legal form of the entrepreneur while adding the wording "Oddział w Polsce" ("Branch in Poland");
- to conduct separate accounts in Polish in accordance with the provisions of accountancy;
- to notify the Minister with jurisdiction over matters of the economy about all amendments to the actual and legal state of affairs pertaining to the alteration of the circumstances, that is when liquidation of the foreign entrepreneur who has established a branch has been opened, the said entrepreneur has lost the right to perform business activities or to dispose of its assets, within 14 days after the occurrence thereof.
The Minister with jurisdiction over matters of the economy may issue a decision prohibiting the performance of business activities by the branch in the event when:
the branch has grossly violated Polish law or does not notify the Minister with jurisdiction over matters of the economy about all amendments to the actual and legal state of affairs pertaining to the alteration of the circumstances mentioned below,
the dissolution of the foreign entrepreneur who established a branch that has been opened or the entrepreneur has lost the right to perform business activities,
the foreign entrepreneur’s activities pose a threat to national security and defence, protection of state secrets or some other important public interest
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