Company formation in Poland by foreigner – requirements
First of all, it has to be underlined that we can distinguish several forms of operate business activity in Poland. Not every foreigner may establish any type of polish company. Possibility of establish a given type of company in Poland is determined by certain foreigner’s group.
The Polish act on participation foreign persons in business activity on the territory of the Republic of Poland distinguishes 3 groups of foreigners:
- citizens of European Union member states or European Free Trade Agreement (EFTA);
- foreigners with a legal title to stay on the territory of the Republic of Poland;
- other foreigners.
The first category of foreigners are citizens of the European Union (EU) and European Free Trade Agreement (EFTA) – parties to the agreement on the European Economic Area (EEA). This group of foreigners includes EU and EFTA citizens, with the exception of Switzerland which is a member of EFTA but has not acceded to the EEA agreement. Foreigners belonging to this group may conduct business activity in Poland without any restrictions, including establishing and being a partner in any company.
Second category of foreigners are generally speaking foreigners who has legal title to stay in Poland. In this group Polish Act lists among others foreigners who has:
- permanent residence permit,
- long-term resident’s EU residence permit,
- temporary residence permit granted in connection with the circumstances referred to in the Act on foreigners,
- refugee status,
- subsidiary protection,
- permission to stay for humanitarian reasons or a permit for tolerated stay,
- a temporary residence permit and is married to a Polish citizen residing in the territory of the Republic of Poland;
- temporary residence permit for the purpose of conducting economic activity, granted due to continuation of economic activity already conducted on the basis of an entry in the CEIDG;
- temporary protection in the Republic of Poland,
- valid Pole’s Card (pl: “Karta Polaka”),
Foreigners from this group may conduct business activity and open any kind of company in Poland on the same rules as Polish citizens.
Third and last category are foreigners who are not citizens of EU neither have legal title to stay in Poland. This category of foreigners has the right to conduct business activity only in the form of specific company’s type in Poland: limited partnership, limited joint-stock partnership, limited liability and joint-stock company.
Additional requirements for establishment company in Poland
According to Polish Act on National Court Register members of the management board of a limited liability company in Poland are required to inform the Register about their correspondence address. If the address for the service of members of the management board is outside the European Union, representative of the company has to indicate an Attorney for Service on territory of Poland. Without appointment of such attorney foreigner can not be enclosed in Commercial Register as representative of the company.
Documents and information necessary for company formation in Poland
There is also require other data which future shareholder has to collect before proceed with opening company in Poland. To find out more please see our article: