Moving Business to Poland

Relocation of business to Poland may mean the optimum solution for the reason of business continuity and security under the current circumstances. The country offers advantages for both newly incorporated legal entities, and for companies that relocate here, such as EU membership, relatively big market, availability of skilled workforce, reasonable costs of work, or developed services sector.  

Forms of Business Activities in Poland

The most popular forms of running a business in Poland are:

• Registration as sole trader
• Limited liability company

LLC is the most preferred, and recommended corporate vehicle. Acting as sole trader requires proper residence permit. The other forms are subject to separate criteria. Selection of a proper vehicle at each time needs to be consulted with the local lawyers.

Foreigners Running Business in Poland

The ACT of March 6, 2018 on the rules of participation of foreign entrepreneurs and other foreign persons in economic turnover on the territory of the Republic of Poland, provides that foreigners can perform economic activity in Poland on the same terms as Polish citizens, in any form available in Poland, providing that:

• they are citizens of EU or EEA member countries, Switzerland or the USA;
• they are citizens of other countries, and, in particular have:
• permanent residence permit, or
• temporary residence permit, or
• status of refugee, or
• are subject to subsidiary protection, or
• temporary protection, or
• have tolerated status, or
• stay for humanitarian reasons; or
• residence for the purpose of running or continuation of business activities; or
• valid Pole’s Card, or
• are family members of an EU citizen.

Dedicated Regulations for Refugees

The Polish government implemented a special Act to regulate the principles of residence in Poland for all persons who have come to the territory of Poland because of the military operations in Ukraine, after 24 February 2022. The special Act concern: legal residence status, access to the labour market, healthcare, social benefits, financial support from the state, and education. The above regulations are crucial from the point of view of organizing the centre of life activities, and workforce relocation.

See also: Webinar: Relocation of business from Ukraine to Poland

Steps to Open a Company

Notwithstanding the provisions governing the wave of migration, a business relocated to Poland will be subject to the legal provisions applicable to Polish entities, in terms of the Commercial Companies Code, the Tax Ordinance Act, and the Accounting Act.

The main steps to open a company in Poland in order to relocate an existing business are as follows:

• Decide on the legal form – the most popular in Poland is limited liability company, in Polish: spółka z ograniczoną odpowiedzialnością,
• A relocated company may retain its firm, its management structure and employees (if relevant),
• Execute the Articles of Association, setting out the company’s firm, registered seat, shareholding, financial year, management rules,
• Register with the National Court Register, and tax office for VAT purposes, and Social Insurance Institution (ZUS),
• Establish bank account,
• Apply for licenses/permits if relevant (depending of the business sector).

An alternative solution is to purchase a ready-made “shelf” company, and register the relevant amendments.

Establishing a new business in Poland involves submissions of documents, and communicating with the public institutions entirely in Polish, however, the procedures can be carried out by an attorney-in-fact.

In view of numerous and complex activities which are related to company formation, it is recommended to reach out for a Polish lawyer, and other specialized advisors, who in majority of cases are able to act on the basis of a power of attorney.

The Advartis Group offers wide range of business support services under three brands:

• TGC Corporate Lawyers – legal advisory for companies, i.e.: corporate law, corporate secretarial services, commercial law, litigation, real estate law, labour law, new technologies.
• Crowe – a wide range of solutions in accounting, auditing, tax advisory, business consulting and personal data protection.
• Contract Administration – comprehensive HR and payroll services, optimisation of HR processes.

Author:

Małgorzata Gutorska
Company Specialist
TGC Corporate Lawyers

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