One way to run a business in Poland is by opening a company branch of a foreign entrepreneur. A branch, unlike a company, has no legal personality and therefore does not constitute a separate legal entity – being merely an extension of a foreign undertaking. Liabilities contracted by the branch are, in fact, liabilities contracted by its headquarters.
The Migration Bureau offers comprehensive service in registering a branch in Poland – from making a formal entry into the National Court Register (KRS) to notifying the relevant tax office and statistical office. In accordance with the Act on freedom of business, a branch may is entered into the National Court Register (KRS) upon the foreign entrepreneur’s decision, based on regulations in force in the client’s country of origin. In order to properly advise our clients as to the opening of a company branch in Poland, our services encompass professional consultation on the required form and content of the resolution establishing the branch. Our team supports foreign entrepreneurs in acquiring official documents from their native authorities, legalising papers – if required – and arranging sworn translations. Upon request, we may contact a notary from the entrepreneur’s country of origin or his advisor in order to minimise the client’s involvement with the procedures of opening a foreign branch.
The service of registering a company branch also includes consultation on the broader aspects of running a business in Poland such as establishing the appropriate form and terms of settlements between the foreign entrepreneur’s branch and its headquarters.
The stages of the registration procedure related to opening a branch are identified as follows:
- Making the decision on opening a branch; collecting required official documents from the entrepreneur’s native authorities;
- Preparing the application to enter the branch into the National Court Register (KRS) and register it with the tax office and statistical office;
- Acquiring a National Court Register (KRS) entry number, a Tax Identification Number (NIP) and a Statistical Identification Number (REGON);
- Providing the tax office with what is called required “additional information”, registering the headquarters for VAT purposes.
The proceedings take about 4-5 weeks. When appropriate, we may prepare a formal request on behalf of the client to accelerate the proceedings. The client will be updated accordingly throughout the registration process about each stage of the proceedings and the progress.
Apart from registration, we are glad to offer any other services required for the proper and lawful operation of a foreign entrepreneur’s company branch, such as accountancy, tax and legal services. Clients are also invited to use our localisation service thanks to which our office address in Warsaw or Poznań will also become the correspondence address of your branch.
Should you require our assistance in opening and registering a company branch, please contact our expert.