Company formation in Poland

Poland, a vibrant and dynamic country situated at the crossroads of Europe, has emerged as a promising destination for entrepreneurs seeking to establish their businesses. With its stable economy, strategic location, skilled workforce, and supportive business environment, Poland offers a plethora of opportunities for both local and international investors looking to set up a company. In this comprehensive guide, we delve into the essential steps and insights necessary to navigate the process of starting a business in Poland.

Before diving into the process, it’s crucial to gain a comprehensive understanding of Poland’s business environment. Poland boasts a robust economy characterised by steady growth, a diversified market, and an increasingly competitive business landscape. Major industries such as IT, manufacturing, finance, and agriculture thrive in this environment. Conducting thorough market research and identifying your target audience and competitors will set the groundwork for a successful venture.

In Poland, entrepreneurs can choose from various business structures, including sole proprietorship, limited liability company (sp. z o.o.), joint-stock company (S.A.), and partnerships. Each structure has its advantages and disadvantages concerning liability, taxation, and administrative requirements. Consulting with legal and financial experts is advisable to determine the most suitable structure for your business goals and needs. Our company recommends starting a limited liability company – sp. z o.o.

Advantages

Registering a company in Poland involves several steps

1. Obtaining a PESEL number (Personal Identification Number) or NIP (Tax Identification Number) for foreign entrepreneurs is necessary.

2. The company needs to be registered with the National Court Register (KRS).

This process requires preparing the company’s articles of association, appointment of company authorities, and opening a bank account. Adhering to legal and regulatory obligations is crucial for operating a business in Poland.

Poland’s tax system comprises corporate income tax, value-added tax (VAT), and personal income tax. Understanding tax obligations and incentives available for businesses, such as tax deductions, can significantly impact financial planning. Employing reputable accountants or tax advisors can aid in navigating these complexities and optimising tax strategies.

Establishing a company in Poland presents an array of opportunities for aspiring entrepreneurs. However, success hinges on thorough preparation, compliance with legal requirements, understanding the market, and leveraging available resources and support. By navigating these steps diligently and seeking expert guidance when needed, entrepreneurs can embark on a rewarding journey towards business success in Poland’s flourishing economy.

Experienced team

Qualified and competent personnel are responsible for maintaining a high level of legal and accounting services. The strength of our team is experienced legal, corporate and financial services and accountants, who are authorized by the Minister of Finance of the Republic of Poland to provide accounting services.

Flexibility

Our company provides legal services in Poland according to the requests of our clients. The services we offer are tailored to the needs and expectations of our customers. We also find the best solutions for cooperation. In order to support our services, we constantly cooperate with external auditors, lawyers and tax consultants.

100% privacy

We take full responsibility for the services we provide and guarantee the confidentiality of our customers. Personal data provided by customers when registering a company or providing other legal services is used exclusively for these purposes. All provided information is stored on protected media. For us, it is very important to keep our clients’ privacy on a high level on the basis of our GDPR policy.

Individual approach

We provide services of the highest quality thanks to qualified, experienced staff of licensed accountants and lawyers. To provide services, we assign a special team that deals with client’s affairs in a comprehensive manner. This solution provides a personalized approach and allows the customer to be in direct contact with qualified people who are aware of the company’s activities.

What types of companies exist in Poland?

There are several types of companies in Poland, each with its own particularities, requirements for founders, authorised capital, taxation and management. Here is an overview of the main forms of entrepreneurship available in Poland:

1. Individual entrepreneur (Jednoosobowa działalność gospodarcza)

This is the easiest and most common way to run a business designed for a single owner. It requires no initial capital. Individual entrepreneurs operate in their own name and are fully financially responsible with all their property.

2. Civil law partnership (Spółka cywilna)

A simple form of co-operation between two or more entrepreneurs that does not require registration with the National Court Register (KRS). It is based on a contract and is mainly used for small businesses. The participants are jointly liable for the obligations.

3. Limited Liability Company (Spółka z ograniczoną odpowiedzialnością, sp. z o.o.)

The most popular form of legal entity for small and medium-sized businesses. It requires a minimum authorised capital of PLN 5,000. The founders are liable only to the extent of the contributed capital. Ideal for entrepreneurs who wish to limit their personal financial liability.

4. Joint Stock Company (Spółka akcyjna, S.A.)

Designed for large businesses with a minimum authorised capital of PLN 100,000. Allows to attract investments through the sale of shares. Shareholders are liable only to the extent of their shares.

5. Spółka komandytowa (Spółka komandytowa, sp.k.)

Combines elements of a legal entity and a partnership. Has at least one seconder (investor) whose liability is limited to the invested capital and one complementer (manager) who has unlimited liability.

6. Professional partnership (Spółka partnerska)

Designed for members of the free professions (doctors, lawyers, architects), it allows them to join forces without the need to set up a limited liability company or joint stock company.

7. Spółka komandytowo-akcyjna (Spółka komandytowo-akcyjna, S.K.A.)

Combines the elements of a commandite company and a joint-stock company. It has shareholders instead of teamsters, but retains the role of a complementary company.

Each of these forms has advantages and disadvantages that should be taken into account when choosing the most suitable structure for doing business in Poland. The decision should be based on the size of the company, future plans, willingness to be financially responsible and other key factors.

Table with current tax rates for companies registered in Poland in 2024. This data will help to get an idea of the tax burden on business in Poland.

This table reflects the main tax rates for companies in Poland, but it is important to remember that tax legislation is subject to change. There are also various reliefs and exemptions that may apply depending on the specific nature of the company’s business, its size and other factors. It is always advisable to contact a qualified tax advisor or accountant from Regulated United Europe for detailed information and advice.

What is the amount of the authorised capital of a company in Poland?

In Poland, the amount of the authorised capital of a company depends on the chosen form of legal entity. Authorised capital is the amount contributed by the founders when registering a company and is intended to ensure its financial stability and cover its start-up costs. Let us consider the requirements for the authorised capital for the most common types of companies in Poland:

1. Limited Liability Company (Spółka z ograniczoną odpowiedzialnością, sp. z o.o.)

The establishment of a limited liability company requires a minimum authorised capital of PLN 5,000. This makes sp. z o.o. an affordable option for small and medium-sized businesses wishing to limit the personal liability of the founders. The capital can be contributed in the form of cash or property, the value of which must be confirmed by an appraisal.

2. Joint Stock Company (Spółka akcyjna, S.A.)

A joint-stock company is intended for large businesses and provides for a minimum authorised capital of PLN 100,000. This form of company allows raising additional funds through the sale of shares, which makes it attractive for larger projects and investments.

3. Spółka komandytowa (Spółka komandytowa, sp.k.)

There is no strictly defined minimum amount of authorised capital in a commandite company. However, the company formation agreement must contain information on the contributions of each of the participants, which may be either monetary or non-monetary (e.g. property, knowledge or skills).

4. Spółka komandytowo-akcyjna (Spółka komandytowo-akcyjna, S.K.A.)

A limited liability company requires authorised capital similar to a joint stock company – a minimum of PLN 100,000. This form combines elements of a joint-stock company and a limited company, providing flexibility in attracting investments and managing the company.

5. Professional partnership (Spółka partnerska)

For a professional partnership, legislation does not set a minimum amount of authorised capital. The focus is on the professional qualifications of the founders rather than the amount of funds contributed.

Conclusion

Choosing the form of legal entity and the appropriate amount of authorised capital is an important stage of business planning in Poland. Smaller authorised capital may attract start-ups and small businesses, while large companies and projects that need significant investments and have a higher financial risk may choose forms with higher capital requirements. In any case, the choice should be in line with the strategic goals of the business, its scale and the specifics of its activities.

 Does a company in Poland have to have a local director?

Polish law does not require the mandatory presence of a local director to manage a company. In none of the forms of legal entities, be it a limited liability company (sp. z o.o.) or a joint stock company (S.A.), the law does not explicitly state the need for one of the directors or members of the management board to be a Polish citizen or have a place of residence in the country.

Limited Liability Company (sp. z o.o.)

For sp. z o.o., the most popular form of business among SMEs, the legislation allows the appointment of non-Polish residents as directors (board members). It is important that directors meet the general requirements for the position, including the absence of a criminal record for economic offences.

Joint Stock Company (S.A.)

In joint-stock companies there are also no requirements for the nationality or place of residence of the members of the management board. However, an important aspect is the presence of the company’s registered address in Poland and the possibility to carry out management activities in the interests of the company within the country.

Advantages of having a local director

While it is not mandatory to have a local director, having one can be helpful for several reasons:

• Improved communication with local authorities and banking institutions.
• Better understanding of the local market and legislation.
• Simplification of the process of company registration and subsequent conduct of business.

Conclusion

In general, doing business in Poland does not require the appointment of a local director, which makes the country attractive to foreign investors. However, having someone on the team who is familiar with the local market and legal context can be a significant advantage for effective management and business development.

 What are the state fees for establishing a company in Poland?

When setting up a company in Poland, entrepreneurs are faced with the need to pay various state fees and charges, which may vary depending on the form of the company’s legal entity and the method of registration. These fees are mandatory and are intended to cover the costs of the state authorities for processing documents and entering information into the relevant registers. Let’s take a closer look at the fees for establishing the most popular types of companies in Poland.

1. Limited Liability Company (Spółka z ograniczoną odpowiedzialnością, sp. z o.o.)

• Registration fee: To register a limited liability company in the National Court Register (Krajowy Rejestr Sądowy, KRS), a registration fee is required. As of the latest period of my knowledge, it amounts to PLN 500.
• Announcement fee: In addition, a fee of PLN 100 is charged for publishing information about the company in the Official Court Gazette (Monitor Sądowy i Gospodarczy).

2. Joint Stock Company (Spółka akcyjna, S.A.)

• Registration fee: For joint stock companies, the registration fee in KRS is also 500 PLN.
• Fee for the announcement: The cost of publication in the Official Judicial Gazette remains the same and is PLN 100.

3. Spółka komandytowa (Spółka komandytowa, sp.k.)

• Registration fee: The registration fee in KRS is 600 PLN for business travellers.
• Announcement fee: The cost of publication in the Official Gazette is PLN 100.

4. Professional partnership (Spółka partnerska)

• Registration fee: The registration fee for professional partnerships in the KRS is similar and amounts to PLN 600.
• Announcement fee: A fee of PLN 100 is also required for publishing information in the Official Gazette.

Electronic registration

It is worth noting that by using the system of electronic registration via the Internet (S24), which is designed to simplify the process of establishing companies, the amount of state fees can be reduced. For example, for a sp. z o.o., electronic registration reduces the fee for making an entry in the KRS to PLN 250.

Conclusion

The amount of state fees in Poland is an important part of financial planning when setting up a company. Although the figures shown here are current at the time of my last update, it is advisable to check the current information immediately before incorporation, as the rates may be subject to change. In addition to state fees, you should also take into account possible legal and consulting costs as well as the need to deposit the authorised capital.

 What is the annual cost of maintaining a company in Poland?

The annual cost of maintaining a company in Poland depends on many factors including the type of company, size of business, turnover, number of employees, and the industry in which the company operates. In this article we will try to cover the main aspects and costs encountered when doing business in Poland to provide an insight into the annual cost of maintaining a company.

1. Authorised capital

Authorised capital is not a recurring annual cost, but it is important to consider it when establishing a company. Depending on the type of legal entity, the minimum requirements for authorised capital may vary, e.g. for Spółka z ograniczoną odpowiedzialnością (sp. z o.o.) it is 5,000 PLN and for Spółka Akcyjna (S.A.) it is 100,000 PLN.

2. Registration fees and state charges

These are one-off fees charged at the time of incorporation. However, companies may also be required to pay certain fees for amendments to the registration data or for obtaining specific licences and permits depending on the field of activity.

3. Taxation

• Corporate Income Tax (CIT): The standard rate is 19%, but there is a reduced rate of 9% for small businesses for the first few years of operation.
• Value Added Tax (VAT): The standard VAT rate in Poland is 23%, there are also reduced rates for certain goods and services.
• Local taxes and fees: Includes property tax, vehicle tax and others.

4. Accounting and auditing

The cost of accounting services can vary greatly depending on the size and complexity of a company’s operations. Small businesses can expect to spend between 500 and 2,000 PLN per month, while large companies with high transaction volumes and international operations may pay significantly more.

5. Legal services

The annual cost of legal services strongly depends on the specifics of the business and the need for specialised advice. Regular legal support can cost from several thousand to tens of thousands of PLN per year.

6. Office expenses

Office rent, utilities, internet and telephony also affect annual costs. Rental costs can fluctuate depending on the location, quality and size of the office space.

7. Salaries and social contributions

Employee salaries and mandatory social contributions constitute a significant part of a company’s costs. In Poland, employers are obliged to pay social contributions on behalf of their employees, which increases the total cost of labour by about 20-30%.

Conclusion

The annual cost of maintaining a company in Poland depends on many variables and can vary considerably. It is important to plan carefully for all upcoming expenses and to consider both fixed and variable costs in the course of doing business. Industry specifics, the size of the company and the scale of its operations play a key role in shaping the overall cost picture.

 What are the main advantages of setting up a company in Poland?

Establishing a company in Poland offers many advantages for entrepreneurs and foreign investors, making this country an attractive place to do business. Let’s take a look at the main advantages that may encourage you to choose Poland as a place to develop your company.

1. Strategic location

Poland occupies a strategic position in the centre of Europe, serving as a bridge between the eastern and western parts of the continent. This provides convenient access to European markets, including those of the European Union, as well as those of Eastern Europe and Asia. This position is ideal for companies looking to expand their presence and manage their logistics efficiently.

2. Attractive investment and tax policies

Poland offers a competitive tax system with reduced corporate income tax rates for small and medium-sized enterprises, as well as numerous tax exemptions and incentives for investors in certain sectors and economic zones. In addition, there are various grants and support programmes from the European Union to stimulate innovation, infrastructure development and job creation.

3. Developed infrastructure

Poland has a well-developed transport, digital and social infrastructure, which creates favourable conditions for doing business. The country continues to invest in the modernisation of roads, railways, airports and ports, as well as in the development of the digital economy, which facilitates access to local and international markets.

4. Skilled labour resource

Poland offers access to a large pool of qualified and highly educated professionals in various sectors. The level of education in Poland is high, while salary expectations in the country remain relatively low compared to Western Europe, making the Polish labour market attractive to employers.

5. A dynamically developing market

Poland’s economy is characterised by stable growth, supported by domestic consumption and investment. The country’s market has more than 38 million consumers, offering a wide range of business opportunities in a variety of sectors, from manufacturing to IT and services.

6. Ease of doing business

Poland is making significant efforts to simplify bureaucratic procedures and improve the business environment. In recent years, the country has significantly moved up in the ease of doing business rankings thanks to simplified company registration, taxation and authorisation processes.

Conclusion

Establishing a company in Poland offers entrepreneurs a number of important advantages, including a strategic geographical location, attractive tax policy, developed infrastructure, access to skilled labour, a dynamically developing market and an improved business environment. These factors make Poland one of the most attractive investment and business development destinations in Central and Eastern Europe.

What are the ways to set up a company in Poland?

Establishing a company in Poland can be done in several ways, each of which has its own features, advantages and is suitable for different business purposes. The choice of the optimal method depends on many factors, including the size and type of the proposed business, the number of founders, the required authorised capital and other key aspects. Let’s take a look at the main ways to set up a company in Poland.

1. Registration of an individual entrepreneur (Jednoosobowa działalność gospodarcza)

This is the easiest and fastest way to start a business in Poland, ideal for single entrepreneurs. To register, you need to apply to the Central Register and Information on Enterprises (CEIDG), which can be done online. Individual entrepreneurs pay taxes on their personal income and have the right to choose the most favourable tax system.

2. Establishment of a limited liability company (Spółka z ograniczoną odpowiedzialnością, sp. z o.o.)

Sp. z o.o. is one of the most popular forms among small and medium-sized businesses due to the limited liability of the founders. Registration takes place through the National Court Register (KRS) and requires a minimum authorised capital of PLN 5,000. The process can be done online through the S24 system, which speeds up and simplifies registration.

3. Formalisation of a joint stock company (Spółka Akcyjna, S.A.)

A joint-stock company may be suitable for large businesses or for attracting investments through a public offering. The authorised capital must be at least PLN 100,000. S.A. registration also takes place through the KRS and requires a more complex procedure, including the drafting of articles of association and the formation of a founding committee.

4. Establishment of the Spółka Komandytowa (Spółka Komandytowa, sp.k.)

A teaming society is suitable for partners who wish to share responsibility and contribution to the business. One or more teamsters have limited responsibility, while one or more complementarians have full responsibility. This format is suitable for business projects with a division of roles and responsibilities between partners.

5. Notarisation of documents

For some forms of companies, including sp. z o.o. and S.A., the statutory documents must be notarised. This step requires the personal presence of the founders or their official representatives and incurs additional costs.

6. Registration with the relevant state authorities

After all the necessary documents have been prepared and certified, the company must be registered with the KRS. It is also necessary to ensure registration with the tax office, the Social Insurance Fund (ZUS) and the statistical office in order to obtain the relevant identification numbers.

Conclusion

The choice of how to set up a company in Poland depends on many factors, including the size of the company, the number of founders, the intended field of activity and financial possibilities. Each of the listed methods has its own peculiarities, documentation requirements and deadlines. It is important to thoroughly research all available options and, if necessary, consult with legal and financial experts to choose the best way for your business.

 Is it necessary to have a registered office in Poland?

The issue of having a legal address for companies in Poland plays a key role in the process of registration and further operation of the company. A legal address not only fulfils the legal requirements, but also serves as an important element for interaction with state authorities, clients and partners. Let’s take a closer look at why having a legal address in Poland is mandatory and what functions it fulfils.

Legal requirements

According to Polish law, every company registered in Poland is obliged to have a legal address in Poland. This address is entered in the National Court Register (Krajowy Rejestr Sądowy, KRS) and is used as the official address of the company for legal, tax and correspondence purposes.

Functions of a legal address

• Registration and legal processes: The registered office is used when registering a company and in all legal documents, contracts and licences.
• Tax liabilities: A registered office is required to determine the tax jurisdiction of the company and to manage its tax affairs. It determines in which tax office the company will be accounted for and pay taxes.
• Corporate correspondence: The legal address is used to receive official correspondence from government agencies, banking and financial institutions, as well as from partners and customers.

How to ensure that you have a legal address

1. Renting an office space: Companies can rent an office space to be used as their registered office. This is the most traditional method, but it can be expensive, especially for start-ups or small businesses.
2. Virtual office: As a more cost-effective option, companies can utilise the services of a virtual office, which provides a registered office address as well as additional services such as mail acceptance and telephone service.
3. Using the address of the founder or director: In some cases, companies may use the home address of the founder or director as the registered office, provided that all requirements and authorisations are met.

Conclusion

Having a registered office in Poland is an integral part of establishing and doing business in the country. It not only complies with legal requirements, but also plays an important role in tax planning, legal defence and corporate image of the company. The choice of the best option for securing a legal address should take into account both the financial capabilities of the company and the strategic goals of the business.

 Is it possible to open a branch office of a foreign company in Poland?

Opening a branch office of a foreign company in Poland is a feasible and often profitable step to expand business into the Polish market and further expansion into Central and Eastern Europe. Poland attracts foreign companies with its strategic location, developed infrastructure and skilled labour force. In this article we will look at the key aspects related to opening a branch office of a foreign company in Poland.

Legal aspects

A branch of a foreign company in Poland is considered as its branch without legal personality. This means that the branch operates under the legal status of the parent company and conducts business on its behalf, with the foreign company being fully responsible for the activities of its branch.

Branch registration

To open a branch office in Poland, you need to follow the following steps:

1. Preparation and filing of documents: The key documents include an extract from the commercial register of the foreign company, the founding documents, the resolution on the establishment of the branch, and powers of attorney for the branch representatives. All documents must be translated into Polish by a sworn translator.
2. Registration in the National Court Register (KRS): A branch of a foreign company is obliged to register with the KRS. This process involves submitting an application for registration and relevant documents confirming the foreign company’s legality and its intentions in Poland.
3. Tax registration: The branch must register with the tax office to obtain a tax identification number (NIP) and register as a value added tax (VAT) taxpayer if its activities fall under these tax obligations.

Taxation

A branch of a foreign company in Poland is subject to income tax only on income earned in Poland. The income tax rate is the standard 19% or 9% for small companies under certain conditions. The branch must also fulfil all VAT requirements if it is engaged in VATable activities.

Advantages of opening a branch in Poland

1. Access to the European market: Poland is a member of the European Union, which provides convenient access to the single European market.
2. Economic stability: Poland demonstrates stable economic growth, which creates favourable conditions for doing business.
3. Skilled labour: Access to highly skilled and relatively inexpensive labour resources.

Conclusion

Opening a branch office of a foreign company in Poland is a strategically favourable decision that allows to expand the business and strengthen the presence on the European market. The process requires careful preparation and compliance with Polish law, including registration with the relevant state authorities and fulfilment of tax obligations. Taking into account all factors and proper planning, a branch of a foreign company can successfully develop in the Polish market, taking advantage of its many advantages.

 Can a foreigner open a company in Poland?

Foreign entrepreneurs interested in starting a company in Poland can take advantage of the wide range of business opportunities the country offers. Poland attracts foreigners with its strategic location in Europe, stable economy, skilled labour force and relatively low costs of doing business. In this article, we look at how a foreigner can open a company in Poland, highlighting the key aspects and requirements of the process.

Steps to start a company by a foreigner in Poland

1. Choice of the form of a legal entity

A foreign investor can choose from several forms of legal entity for their company in Poland, including:

• Individual entrepreneurship (Jednoosobowa działalność gospodarcza)
• Limited Liability Company (Spółka z ograniczoną odpowiedzialnością, sp. z o.o.)
• Joint Stock Company (Spółka Akcyjna, S.A.)

The choice depends on the size of the enterprise, the planned volume of investment, the need to attract additional investors and other factors.

2. Preparation of the necessary documentation

To register a company, it is necessary to prepare a number of documents, which may include the memorandum or articles of association, the decision on the appointment of managing directors, and proof of payment of the authorised capital. All documents must be translated into Polish.

3. Company registration

Registering a legal entity in Poland involves several steps:

• Registration in the National Court Register (KRS)
• Obtaining a taxpayer identification number (NIP)
• Registration in the social insurance system (ZUS), if the company plans to hire employees

4. Opening a bank account

In order to conduct business, a company needs to open a corporate bank account with a Polish bank. This requires the personal presence of the company representative or his authorised person with the relevant documents.

Taxation

Foreign companies operating in Poland are obliged to pay taxes on income earned in the country. The main taxes include corporate income tax (CIT), which is 19% (there is a reduced rate of 9% for small businesses for the first few years), value added tax (VAT) and other local taxes and levies.

Advantages of opening a company in Poland for foreigners

• Access to the European market and the possibility of using Poland as a strategic base for business expansion to the east and west
• Relatively low costs of doing business compared to other EU countries
• High level of education and qualifications of the local population
• Stable economy and supportive business environment

Conclusion

Opening a company in Poland by foreigners is not only possible, but can prove to be a strategically favourable decision for many businesses. Thanks to transparent and relatively simple registration procedures, as well as a favourable economic and tax environment, Poland offers foreign investors attractive conditions for developing their business. It is important to thoroughly research all requirements and procedures and, if necessary, consult with local experts to ensure the success of your business.

 Is it possible to obtain a residence permit when establishing a company in Poland?

The establishment of a company in Poland by foreign nationals can be the basis for obtaining a residence permit, opening up prospects for entrepreneurs not only for doing business but also for long-term residence in the country. This process involves several key stages and requires careful attention to the preparation of the necessary documents and compliance with certain conditions. In this article we will look at how setting up a company in Poland can contribute to obtaining a residence permit.

Grounds for obtaining a residence permit

A foreign national may apply for a temporary residence permit in Poland if he/she plans to run a business in Poland and can prove its economic feasibility and positive impact on the Polish economy. Such evidence includes a business plan, proof of sufficient funds for investing and running the business, and the potential to create jobs for Polish citizens.

The process of obtaining a residence permit

1. Establishing a company: The first step is to register a company in Poland and start its operations. It can be a sole proprietorship, a limited liability company or a joint stock company.
2. Preparation of documentation: To apply for a residence permit, you need to prepare a full package of documents, including proof of company registration, business plan, financial statements and proof of means to support yourself and your family in Poland.
3. Application: The application for a residence permit is submitted to the voivodeship office in the place of intended residence in Poland. It is important that at the time of application the foreign entrepreneur is in Poland legally, e.g. on a valid visa.
4. Application processing: The application process can take several months. During this time, additional documents or an interview may be required.
5. Obtaining a temporary residence card: Once the application is approved, a temporary residence card is issued, which is usually valid for 1 to 3 years and can be extended.

Important aspects and recommendations

• Business Plan: It is important to carefully develop a business plan to show its viability and positive impact on the Polish economy.
• Financial strength: You need to prove that you have sufficient funds to start and run the business, as well as for personal support.
• Legal support: It is recommended to use the services of professional lawyers or consulting agencies specialising in immigration issues and starting a business in Poland, in order to avoid mistakes in the application process and to speed up obtaining a residence permit.

Conclusion

Opening a company in Poland by foreign entrepreneurs can be the basis for obtaining a temporary residence permit, which opens up a wide range of opportunities for business development and life in the country. The process requires careful preparation and strict compliance with the requirements of Polish law. Successfully obtaining a residence permit will allow a foreign entrepreneur not only to do business in Poland, but also to enjoy the benefits of living in this country.

 What is stipulated in the articles of association of a company registered in Poland?

The Articles of Association of a company registered in Poland is a key document defining the structure, objectives and rules of the company’s operation. It plays an important role in the management and operation of the company, providing a legal basis for its actions. The Articles of Association must be drafted in accordance with Polish law and contain certain mandatory sections. Let’s take a look at the main elements that must be prescribed in the articles of association of a company in Poland.

Name and location of the company

The Articles of Association should clearly state the full name of the company, including its legal form, as well as its registered office address. This information is used for official registration and identification of the company with state authorities.

Objectives and subject matter of the activity

The articles of association should describe in detail the objectives of the company’s establishment and its main areas of activity. This includes a list of economic activities that the company intends to engage in. Such a description helps to define the scope of the business and its main areas of development.

Authorised capital

For companies such as spółka z ograniczoną odpowiedzialnością (sp. z o.o.) or spółka akcyjna (S.A.), the articles of association must contain information on the amount of the share capital and how and in what form it was contributed. The authorised capital is divided into shares or stocks, and the articles of association must specify their number and nominal value.

Management structure

The articles of association define the company’s governance structure, including the composition and powers of management bodies such as the shareholders’ meeting (or shareholders’ meeting) and the board of directors (or management board). It sets out the rules for meetings, decision-making and other procedural matters.

Rights and obligations of participants

The articles of association should contain provisions on the rights and obligations of the shareholders or members of the company, including rules for the distribution of profits, how members join and leave the company, and their responsibilities.

Reorganisation and liquidation

The articles of association set out the terms and procedure for possible reorganisation or liquidation of the company, including the procedure for distribution of assets in the event of liquidation.

Other provisions

In addition to the above sections, the charter may contain other provisions relating to the specifics of the business, additional obligations and rights of the participants, specifics of profit distribution and so on, depending on the specifics of the business and the requirements of the founders.

Conclusion

The Articles of Association are a fundamental document for any company registered in Poland. It must be carefully prepared and comply with both Polish law and the specific needs and objectives of the business. The Articles of Association not only define the company’s structure and rules of operation, but also serve as an important tool for protecting the rights and interests of its members.

How long does it take to set up a company in Poland?

The process of establishing a company in Poland varies in time depending on a number of factors, including the type of legal form of company chosen, the preparation of the necessary documents, and the efficiency of co-operation with the Polish state authorities. In this article, we will look at the steps involved in the company formation process and how long each step may take.

Choice of legal entity form

The first step is to choose a suitable form of legal entity. The most common forms of companies in Poland are: sole proprietorship (jednoosobowa działalność gospodarcza), limited liability company (spółka z ograniczoną odpowiedzialnością, sp. z o.o.) and joint stock company (spółka akcyjna, S.A.). The choice of form depends on the scale of the business, the number of founders, future plans and other factors.

Preparation and submission of documents

After choosing the form of a legal entity, it is necessary to prepare an appropriate set of documents. For sp. z o.o., for example, the memorandum or articles of association, information on the founders and directors, proof of payment of the authorised capital and other documents will be required. The preparation of documents may take from a few days to a few weeks depending on the complexity and requirements.

Registration in the National Court Register (KRS)

The next step is to register the company with the National Court Register (KRS). This process can take from a few days to a few weeks. To speed up the registration process, you can use the S24 system, which allows you to register a sp. z o.o. online. However, even in this case, it is necessary to take into account the time required to prepare and submit all the necessary documents.

Obtaining identification numbers

After registration with the KRS, the company must obtain a taxpayer identification number (NIP) and a statistical number (REGON). This process usually takes from a few days to one week.

Opening a bank account

Opening a corporate bank account is essential to start the financial activities of a company. This process can take from one to several days depending on the bank and the completeness of the documentation prepared.

Total duration of the process

On average, the process of setting up a company in Poland can take between 2 and 6 weeks from the time of preparing the documents to obtaining all the necessary registrations and identification numbers. It is important to note that this timeframe may vary depending on specific circumstances, such as the workload of state authorities, the need for additional approvals or corrections to documents.

Conclusion

Establishing a company in Poland is a process that requires careful preparation of documents and an understanding of local legislation. Although the process may seem lengthy, it is an important step on the way to successfully doing business in Poland. Proper planning and consultation with legal and accounting professionals can help speed up the process and avoid potential complications.

 What kind of activities can a company engage in in Poland?

In Poland, companies can engage in a wide range of activities covering almost all aspects of the economy and business. Polish law provides equal opportunities for foreign and local investors to engage in a wide range of activities, from manufacturing to high-tech services. In this article we will look at the key sectors and activities that companies can engage in in Poland, based on current economic trends and the legal framework.

Production activities

Poland has traditionally been strong in the manufacturing sector, including mechanical engineering, automotive, consumer electronics and electrical engineering, and chemicals. Foreign companies can set up manufacturing plants, taking advantage of skilled labour and relatively low production costs compared to other European Union countries.

Trade

Trade is one of the most accessible and widespread activities, including both retail and wholesale trade. Many foreign companies operate successfully in the retail sector, opening chains of shops, supermarkets or specialised outlets. Wholesale trade also presents significant business opportunities, including export and import operations.

Services

The service sector in Poland is broad and diverse. It includes financial and insurance services, real estate, tourism, education, medical services, IT and telecommunications, as well as professional, scientific and technical services. The IT sector is developing particularly fast, where Poland aims to become one of the leading centres for software development and digital technologies in Europe.

Construction

The construction sector in Poland offers a wide range of opportunities for foreign investors, including residential and commercial construction, infrastructure projects and specialised construction works. Poland is actively developing its infrastructure, which creates additional demand for construction and engineering services.

Energy and renewable energy sources

Poland is interested in developing the energy sector, including traditional energy sources and renewable sources such as wind and solar energy. Foreign companies can contribute to the modernisation of the energy sector and the development of new renewable energy technologies.

Research and development

The R&D sector in Poland provides opportunities for innovative companies engaged in research in biotechnology, pharmaceuticals, new materials, digital technologies and other promising areas. The state supports innovative projects and research through various funding programmes and grants.

Conclusion

Companies registered in Poland can engage in a wide range of activities, which makes the country attractive to investors from various sectors. Flexible legislation, economic stability and access to the European market make Poland an attractive place to do business. However, it is important to take into account industry specifics, local regulations and licensing requirements for certain activities.

 Does a company in Poland have to have employees?

The question of whether it is necessary for a company registered in Poland to employ workers depends on a number of factors, including the company’s form of legal personality, its size, area of activity and specific legal requirements. In this article we will look at various aspects related to the employment of workers by companies in Poland to provide an insight into the obligations and opportunities for businesses in this context.

Mandatory availability of employees

1. Legal requirements: Polish law does not impose mandatory requirements for companies in general to have employees. Most forms of companies, including sole proprietorship (jednoosobowa działalność gospodarcza), limited liability company (sp. z o.o.) and joint stock company (S.A.), can operate without hiring employees if their activities do not require additional staff.
2. Forms of legal entity and personnel requirements: Some specific forms of legal entities, e.g. professional partnerships (spółka partnerska), presuppose the existence of several founders with certain qualifications, but this does not amount to an obligation to have employees.

Reasons for hiring workers

1. Business expansion: Business growth and development often requires hiring additional staff to perform various tasks and functions within the company.
2. Specialised expertise: Having qualified specialists on staff can be critical for companies operating in high-tech industries or providing specialised services.
3. Legislative and tax incentives: The Polish government offers a number of tax exemptions and incentives for companies creating jobs, especially in certain economic zones or industries.

Requirements for employers

Companies employing workers in Poland are obliged to comply with Polish labour law, including drawing up employment contracts, paying at least the minimum wage, ensuring working conditions in accordance with health and safety standards, and paying social contributions and taxes.

Alternatives to hiring workers

1. outsourcing and freelancing: Companies can use the services of third-party organisations or self-employed individuals to perform certain tasks, thus avoiding the direct employment of workers.
2. Use of temporary labour: Through employment agencies, companies can hire temporary workers for projects with a limited time frame.

Conclusion

Although Polish law does not oblige companies to have employees, the hiring of staff may be driven by business needs and development strategy. It is important to consider all labour law and social security requirements when deciding whether to expand the workforce. Companies seeking to remain flexible may consider alternative ways of carrying out work through outsourcing or hiring freelancers.

 How to choose a name for a company in Poland?

Choosing a name for a company in Poland is an important step when establishing it, as it not only forms the first impression, but also plays a key role in branding and marketing strategies. When choosing a name, it is important to consider both marketing aspects and legal requirements. This article provides basic guidelines for choosing a name for a company in Poland, which will help to make it recognisable and compliant with the law.

1. Uniqueness and distinction

The name must be unique and different from the already existing names of companies registered in Poland. This requirement not only helps to avoid legal conflicts with owners of similar trade marks, but also ensures brand recognition among consumers.

2. Checking the availability of the name

Before making the final selection, it is necessary to check the availability of the name by using the database of the National Court Registry (KRS) and the Intellectual Property Office (IPO) for trade marks. This will ensure that the selected name is not registered by another entity.

3. Clarity and simplicity

The name should be easy to pronounce, memorable and reflect the scope of the company. Avoid using complex and obscure acronyms that can confuse consumers.

4. International adaptability

If the company plans to operate not only on the Polish market, it is worth thinking about making the name understandable and accepted in other countries. Avoid words that may have negative connotations abroad.

5. Compliance of the company’s activities

The name should be appropriate to the type of business you are doing. This is not only a legal requirement, but also an important aspect of branding that helps potential customers immediately understand what your business does.

6. Legal aspects

Make sure that the name does not violate anyone’s intellectual property rights and does not contain elements prohibited by law. There are certain restrictions in Poland, for example, you cannot use words that offend public morals in the name.

7. Long-term perspective

When choosing a name, think about the long-term vision for your business. It should be flexible enough to accommodate potential expansion or markets, but at the same time reflect the company’s core ethos and values.

Conclusion

Choosing a company name in Poland is not only a marketing issue, but also a legal necessity. The right name can play a significant role in the success of a business, ensuring that it is recognisable and differentiated from competitors. During the selection process, it is worth carefully researching potential names for uniqueness and legal compliance, as well as assessing their attractiveness and memorability to the target audience.

 Business Register in Poland

The business register in Poland, known as the National Court Register (Krajowy Rejestr Sądowy, KRS), is a key element of the country’s legal and economic system. This register ensures the transparency of the business environment by providing up-to-date information on all registered legal entities, including companies, foundations and other organisations. In this article we will look in detail at the structure, functions and process of registration with the KRS, as well as the importance of this register for doing business in Poland.

Structure and functions of the KRS

KRS is managed by the Polish Ministry of Justice and is a centralised system containing information on all legal entities and organised parts of legal entities registered in Poland. The register includes the following main sections:

• Section I: Companies and other legal entities (including limited liability companies and joint stock companies).
• Section II: Partnerships (including business societies and professional partnerships).
• Section III: Other entities (including foundations, associations and other organisations).

Registration with KRS provides a legal entity with the legality of doing business, the right to the name and the ability to be a party to judicial and administrative proceedings.

KRS registration process

1. Document preparation: In order to register a company, you need to prepare the relevant documents, including incorporation documents, founders’ resolutions, information about directors and managing directors.
2. Application: The application for registration with the KRS is submitted to the relevant court together with all the necessary documents. It is also possible to use the electronic system to submit the application.
3. Registration fee: A registration fee is charged for registration with KRS, the amount of which depends on the form of the legal entity.
4. Publication in the Official Gazette of Poland (Monitor Sądowy i Gospodarczy): After registration, information about the company is published in the Official Gazette.

The importance of KRS for doing business

Registration with the KRS is not only a prerequisite for doing business in Poland, but also offers a number of advantages:

• Legal protection: Registration guarantees the legal protection of the company name and its legal status.
• Transparency: KRS provides access to reliable information about business partners, which facilitates safe business operations.
• Trust: Registered companies are highly trusted by customers, partners and investors.
• Participation in tenders: Only registered companies can participate in state and municipal tenders.

Conclusion

The National Court Register (KRS) plays an important role in the legal and economic life of Poland, ensuring transparency and accessibility of information on legal entities. The registration process requires careful preparation and compliance with all legal requirements. However, successful registration opens up a company to a wide range of opportunities to develop its business, enhance its prestige and expand its commercial relations.