Branch and a representative office of a foreign entrepreneur in Poland – Foreign entrepreneurs may establish branches in Poland
A branch can operate only within the scope of the main activities of the foreign entrepreneur. The operation of the branch can be undertaken upon the entrance of the branch into the register of entrepreneurs. A foreign entrepreneur who opens a branch shall appoint a person authorized to represent the branch of a foreign entrepreneur. The scope of the operation of the representative office of a foreign business may include only the activities in the field of advertising and promotion of the foreign entrepreneur. More information can be provided by KG Legal law firm specialising in legal assistance rendered to foreign entities in their investments in Poland Website: www.kg-legal.eu Contact: office@kg-legal.pl
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Limited liability company – A proven legal form for larger undertakings, either in the form of a single-shareholder company or with multiple shareholders; shareholders generally are not liable for the obligations of the company
In Poland, foreign investments are most commonly carried out in the form of a limited liability company. Limited liability company, like joint-stock company, is governed by the Polish Commercial Companies Code. The share capital of a limited liability company shall be at least 5000 PLN. The structure of the company (the management board, shareholders meeting, and in some required cases, supervisory board) is governed by the articles of association concluded in a form of a notarial deed. Limited liability company is registered in the National Court Register. The registration court fee amounts to 600 PLN. In order to register a limited liability company there is also required a legal title to the premises where the company will have its registered office.
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Sole proprietorship – Unlimited liability of the sole trader in exchange for the low cost of doing business independently or in a civil law partnership Sole proprietorship in Poland can be registered online. To start such business in Poland the trader must be entered into the Central Register of Economic Activity kept by the Minister of Economy. The registration is free of charge and the online form is not complicated. The sole trader is also required to be registered in the competent tax office and in the social security office.
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The forms of doing business in Poland by the EU entity – Temporary provision of services in Poland on the basis of economic activity in one’s own country.
It is possible to temporarily operate business in Poland without setting up a separate entity. This form of providing services in Poland can only be temporary and in some cases an additional notification to competent authorities is required.
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Obtaining the permit for investing in the SEZ – The procedure
The main stages of the procedure of applying for a permit to operate in the SEZ and to purchase/lease the real property in the SEZ are:
1) the investor’s letter of intent to the administrator of the SEZ, defining the parameters of the investment in the selected location;
2) submitting the offer, together with the business plan;
3) obtaining a permit to operate in the SEZ by way of a tender or negotiations;
4) purchasing or leasing real property in the SEZ. According to polish law, this permit is a base for being beneficiary of state aid provided.
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