Opening comapny in Poland by foreigners

Starting a company in Poland is accessible for foreigners, even those living abroad. The process involves providing proof of identity, such as a passport, obtaining a certificate of no criminal record, and submitting the company’s articles of association. You can establish the company by either granting power of attorney to a representative or using an electronic signature. Setting up a business in Poland can also serve as a pathway to legalize your stay. Whether you’re looking to expand your business opportunities or seeking residency benefits, this route offers a viable option. Consider this opportunity if you’re planning to start a business in Poland.

WHO CAN SET UP A COMPANY IN POLAND

Every foreigner, without Polish citizenship, a residence permit, or physical presence in Poland, has the right to set up a business. This includes options like a limited liability company (sp. z o.o.), enabling access to Poland’s growing market and the European Union’s single market opportunities.

1. Limited Partnership : A partnership with at least one partner having unlimited liability (general partner) and another with liability limited to their investment (limited partner).
2. Limited Joint-Stock Partnership : Combines elements of a limited partnership and joint-stock company, with shareholders’ liability limited to their contributions while general partners manage the business.
3. Limited Liability Company : A popular entity where shareholders’ liability is limited to their capital contribution. It’s suited for small and medium businesses.
4. Joint-Stock Company : Ideal for large businesses, allowing the issuance of shares. Shareholders’ liability is limited to their share investment, and it requires higher capital than other entities.

Foreigners with a specific basis for residence in Poland, such as a permanent residence permit, a long-term EU resident permit, or a temporary residence permit, can set up and run any form of business permitted by Polish law. This includes partnerships, limited liability companies, joint-stock companies, and other business structures. The type of business activity allowed is governed by Polish regulations, and under certain conditions, residence permits may be required to engage in certain sectors. These permits provide foreigners with the legal framework to conduct business activities in Poland, contributing to the country’s growing economy and access to the EU market.

There are several possibilities and the choice is solely up to the person setting up the company.

WAYS OF SETTING UP A COMPANY IN POLAND

Several methods allow foreigners to remotely register a company in Poland without visiting the country. The most popular include:

1. Establishing a company in Poland can be done through a power of attorney granted to a law firm. The process typically takes 14-30 days once all documents are ready. The power of attorney must be in the form of a notarial deed, allowing the lawyer to represent the client before both the notary and registry court.
2. You can register a company in Poland electronically through the online system. While the process theoretically takes 24 hours, in practice it can take several days up to a month. However, online registration is only available to those with a Polish electronic signature. Without one, you’ll need to grant a law firm power of attorney to complete the registration.
3. Purchasing a ready-made company in Poland involves granting power of attorney to a lawyer for representation. Clients typically opt for companies that have not engaged in any business activity. However, buying a company with a business history carries risks related to its past operations.

LEGALISATION OF STAY IN POLAND FOR COMPANY OWNER

Establishing a limited liability company in Poland is often viewed as a potential route for foreigners to legalize their stay. However, merely starting a business does not guarantee an automatic right to residency. A foreigner can apply for a business visa or temporary residence card based on their business activity, but they must demonstrate that their company contributes meaningfully to the Polish economy, such as by creating jobs or generating significant revenue. It’s important to note that each application is reviewed individually by the authorities, and simply owning a company is not a decisive factor for obtaining residency rights.

PESEL NUMBER

Even if you register a company without a PESEL number, it’s advisable to apply for one. There will be situations in your business that will require using a trusted profile, such as:

• to submit a company’s financial report to the Financial Document Repository for a capital company with a single-person management board
• to register the beneficial owner in the CRBR register – such a report is made within 7 days of the company’s registration in the National Court Register.

SUMMARY

Setting up a limited liability company in Poland is relatively straightforward, even for foreigners residing abroad. You’ll need to provide proof of identity, such as a passport, obtain a certificate of no criminal record, and submit the company’s articles of association. You can either grant power of attorney to a representative or use an electronic signature to establish the company.

Additionally, forming a limited liability company can be a viable option for legalizing your stay in Poland. Do you think this could be a suitable solution for you? Are you considering starting a business in Poland and need assistance?