Company formation in Poland by foreigner – requirements
Many of our foreign clients’ main question in regard of company formation in Poland is about requirements. Are there any conditions which foreigner has to meet to open company in Poland?
Foreigners groups
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:
Hello, as not EU-citizen may I proceed with company formation in Poland?
Thank you for your comment.
Non EU citizen is entitled to be director in the Limited Liability Company in Poland. There are no restrictions in that regard.
Our law firm renders comprehensive services connected with company formation in Poland.Our legal service consists of: drafting Articles of Association; organizing schedule of meetings (notary, virtual office provider), filing official application to the National Court Register as your professional proxy and finally monitoring of registration. Company formation in Poland usually takes around 2-3 weeks.
We also assist in opening bank account in Poland and obtaining VAT number in Poland.
Should you have question for our fees please contact us via mail office@lawfirmpoland.com, contact form or simply call us.
Hi
my name is Dr Amjadi and I run an immigration advisory service in iran.could you please tel me how a family can immigrate to poland permanently is it possible via a business investment buying of a LLP to help him to get temporarily residency and start a business?and how much all of this would cost
many thanks
Dear Amjadi,
Thank you for your comment.
First of all, it has to be outlined that in vert general, there are 3 basic grounds of obtaining residence permit in Poland:
1. Employment (there has to be employer who wishes to employ foreigner, there is no work permit without indication of future employer);
2. Business activity;
3. Studying in Poland.
If you are planning to incorporate company in Poland, Polish Immigration Act stipulates two grounds, which fulfilled ensure obtaining temporary residence permit in Poland on basis of conducting business activity:
1. Polish company is employing at least two Polish citizens;
Or
2. The yearly income of the company will be around PLN 54.200 – around USD 14.200
On the other hand, foreigner may obtain residence permit if above two grounds are not fulfilled but company demonstrates that it holds means enabling meeting these two conditions in the future or that it carries out activities enabling meeting these conditions in the future, in particular activities contributing to increased investment, technology transfers, the introduction of beneficial innovations or the creation of new jobs.
Should you have question for our fees please contact us via mail office@lawfirmpoland.com or contact form.