Company Formation in Poland

 

Dynamic economic development in Poland means that from year to year a greater number of foreigners, in particular those from the Middle East and Asia, decide to invest and open a business on Polish territory.

Types of economic activities that a foreigner may undertake in Poland:

If a person doesn’t have a Polish citizenship and want to do business in Poland, he has the right to start and run a business. It is possible to set up a branch or representative office of a company in Poland. A foreigner has the right to register and conduct any activity that is permitted by Polish law, on the same terms as Polish citizens. However, for this to happen, certain requirements must be met.

There are several types (legal forms) business activity in Poland:

Sole trader (self-employment)

Sole trader (self-employment) – This is one of the simpler forms of doing business, designed for individuals (natural person). It is registered in the Central Register and Information on Economic Activity, CEIDG. Minimum capital is not required. Individuals must also register for VAT in Poland. It has a lot of advantages – costs for opening is low and establishing and management the activity is simple. But you need to remember that it can be risky because your liability for the  obligations of the business is unlimited. Not every foreigner can start in Poland that kind of activity. You have to be:

  • European Union citizen
  • Have permanent or temporary residence permit,
  • Have valid Pole’s card,
Civil law partnership

If you want to do business with a partner, the simplest form is a civil law partnership. Must have a minimum of two partners. There is no minimum value of share capital. Responsibility for obligations covers all partners. Partners have the right to an equal share of the profits. A civil law partnership does not have legal personality. This means that the subject of all rights and obligations are the company’s partners. If the partners are natural persons and are not yet entrepreneurs, they register in the Central Register and Information on Economic Activity (CEIDG). If the partners are natural persons, they are subject to registration in the Central Register and Information on Economic Activity and are automatically issued with NIP and REGON. If a foreigner would like to belong to such a company and is not a citizen of European Union citizens, he must meet certain conditions. ac.

Limited liability company

The most popular form of establishing the company in Poland. Minimum share capital is 5000 pln (around 1200 euro). Minimum number of director is one. The biggest advantage is that there is no restriction on foreign shareholders. They are also not personally liable for the obligations of the LLC. This business structure has several advantages, including the fact that the investor is protected in case the business fails. Their financial risk is limited to how much they invested in LLC’s share capital.  It is recommended for those investors who wish to enter into a business that will have a relatively small number of shareholders. The LLC needs to be registered with the Polish Company Register, apply for a tax identification number (NIP) and also for a statistical number (the REGON number). The company will also need to be registered for VAT purposes.

Joint-stock company

This is a form of activity suitable for large enterprises. It is a mandatory form for some activities (banks, insurance companies). The share capital consists of contributions of the founders, who become co-owners of the company. Shareholders are not responsible for the company’s obligations, they bear the risk only up to the amount of capital contributed and profits. The minimum share capital is 100,000 pln. Profit is divided in proportion to the amount of shares held. The founder can be one or more entities from among: natural persons, legal persons, organizational units without legal personality that have legal capacity. A supervisory board must also be established in a joint-stock company. Has at least 3 members, 5 in public companies. EU nationals can establish and run a company on the same rules as polish citizens. Non-EU citizens can also establish and run Polish company freely, however, sometimes there will be restrictions. For example Polish Joint-stock Company with more than 50 % of Non-EU capital may purchase a real property in Poland only after obtaining permission form the Ministry of Foreign Affairs.c.

Partnerships (registered partnership, professional partnership, limited partnership, limited joint-stock partnership)

Registered partnership: In a Registered Partnership, you and business partners share responsibility for company. You can share all your business’ profits between the partners and they pay  taxes on their share of the profits.  Registered Partnership does have a ‘legal personality’ separate from the individual partners. EU nationals are free to do business in this form in Poland. Non-EU nationals are not allowed to exercise this form of business.  First of all there is no specific minimum capital. It is suitable for partners in one industry, for example, who have small or medium scale activity with a low degree of risk. The advantages of a registered partnership include lower costs than in the case of more complicated forms of activity. A registered partnership is registered in the National Court Register. It may also be registered electronically.

 

  • Professional partnership – Business form crated by two or more professionals for example doctors, lawyers, architects, nurses who provide professional services to others. The purpose is having a freelance job in a partnership conducting an enterprise under its own business name. It can be set up by at least two people. This form is no required of share capital. The partnership does not have legal personality. Partners are income tax payers. The liability of partners is limited, i.e. the partner is not responsible for the company’s obligations arising from the activities of other partners. Foreigners from EU and EFTA enjoy the same rights as the Polish citizens. Foreigners from other countries must meet the requirements from Act of 6 March 2018 on entrepreneurs.

 

  • Limited partnership – Must have at least two partners, including one general partner (responsible for all his assets) and one limited partner (responsible for the amount specified in the contract). A limited partnership is established when it is entered in the Register of Entrepreneurs of the National Court Register. The articles of association should be concluded in the form of a notarial deed. The limited partnership company name contains the name of one or more general partners and the additional designation “limited partnership”. However, the abbreviation “sp.k.” may be used on the market. The advantage of a limited partnership is that the amount of the limited partnership sum is freely determined. Thanks to this, entities with different capital can cooperate in the form of a limited partnership. On the other hand it can be also disadvantage for some people, because while one partner responds with all its assets, the other, i.e. the limited partner, is limited by liability only to the limited partnership sum. Under Polish Law limited partnership Is a form of partnership without any restrictions on availability to foreigners.

 

  • Limited joint-stock partnership – This type of company combines the involvement of an active partner (general partner) with the provision of capital by shareholders. A limited joint-stock partnership can be good for large family enterprises that intend to raise capital for further operations. A general partner and a shareholder may be one or more entities. The minimum capital is 50,000 pln. In that kind of company at least one partner (general partner) have unlimited liability for the company’s obligations (i.e. with all its assets), and the shareholder is not responsible for the company’s obligations. The risk that the shareholder has is only the loss of value of shares held. A general meeting functions in a limited joint-stock partnership and it is possible to establish a supervisory board. A limited joint-stock partnership is established when it is entered in the Register of Entrepreneurs of the National Court Register. The limited partnership joint-stock company contains the name of at least one general partner and the additional designation “limited joint-stock partnership”. The abbreviation “S.K.A.” may also be used on the market. Foreigners from European Economic Area countries (European Union countries as well as Norway, Iceland and Liechtenstein) have the option of becoming a partner in a Polish limited partnership. Moreover, from art. 13 section 3 of the Act on the freedom of economic activity shows that persons from outside the European Economic Area have the right to take up and pursue economic activity only in the form of a limited partnership, limited joint-stock partnership, limited liability and joint-stock company. A limited partnership is therefore one of the most “open” forms of doing business in Poland to foreigners.

Limited Liability Company in Poland

LLC is the most popular Legal entity that can be formed in Poland. It is generally used by investors who want to open medium-sized and large companies and it owes its popularity to its flexible structure and relatively easy incorporation procedure. We are offering help with the whole process of Polish limited liability company formation and registration.

 

What is very important during company formation and registration process is to work professionally but also efficiently and quickly. We know well how to operating in the quickly changing business environment.

.

Get professional help

If you are looking for professional service of registering companies on behalf of foreigners, our company invites you to cooperation. We guarantee full safety and quick procedure. We prepare all necessary documents and formalities, as well as arrange a meeting with a notary public on a date that suits the client.

We offer not only the establishment of a company, but also its service at further stages of business operations.

N

The right kind of support

N

Transparency

N

Experience

N

Success oriented

N

Reasonable prices

N

Multicultural team

Have to admit that I was impressed during my first meeting with The Migration Bureau team. With my business partner, we were thinking about opening a company in Europe, then decided it would be good to start the business in Poland.

-Shamar

I just wanted to give quick review and share it with others about The Migration Bureau company. We have business cooperation with them and we are providing workers for polish companies.

-Roshan

The team was very helpful during entire procedure. They helped me with temporary residence permit in Poland. At the beginning, I was nervous and have a lot of questions but they answered all of them. I felt well taken care of. My decision was positive and now I can highly recommend using The Migration Bureau services

-Kayaan

Frequently Asked Questions

u

Can a foreigner open a company in Poland?

Poland is open to foreign entrepreneurs. The government is constantly takingnew steps to encourage investment in our country

u

What is the minimum number of shareholder in the company?

The minimum number of shareholder in LCC company is one.

u

What is the most popular company form that can be incorporated in Poland?

The most popular type of company established by foreigners inPolandisLLCLimited Liability Company(sp. z o. o.). It’s the best way to start business in ourcountry. This form is most suitable for small and medium sized companies.

u

Does the company need to have an office in Poland?

Yes, it’s mandatory for the company to have the office in Poland. But it’spossible to have the virtual office here. It’s helping with reducing the costs andworking from any location.

u

What is the minimum share capital in Poland?

The share capital is the contribution of all owners of the enterprise, which theymade during the establishment of the company. The amount of share capitaldepends on the organizational and legal form of the enterprise. In LCCcompany the minimum share capital is 5 000 pln (around 1200 Euros).

u

How fast can I open the company in Poland?

The company incorporation process can last around 30 days, but in some casesthe process can prolonged. Our polish team will guide you through the entireprocess of company formation in Poland.

News & Resources

Ready To Start Business in Poland?

ADDITIONAL SERVICES FOR COMPANY INCORPORATION 

Company formation is just first step for  You to fully start your business in Poland.

We are here for you to guide you once you can focuse of developing your business and investment in Poland

 

k

Sworn translation

Another version of written translation. Their specificity lies in the fact that every detail present in the original is translated, including: official stamps, annotations, explanations, in accordance with sworn translations, and each page translated has a stamp and signature of a sworn translator, i.e. on the list of sworn translators of the Ministry of Justice. Our company can help with sworn translation and we will make sure that everything is correct according to law.

Assistance in banks and corporate bank accounts opening

We are helping our clients in opening bank accounts, due to their individual preferences and specific opportunities offered by financial institutions in Poland. We will assist in identifying and opening personal and business bank accounts in reputable financial organizations. We regularly review the best banking opportunities in the market place and recommend those which we believe to be the best suited for your personal and business goals. All the banks we have chosen to work with, meet our high standards of confidentiality, have excellent reputations

Personal legal advice on the legal conditions for starting a company in Poland

We will help you with administrative and tax duties after formation and registration of the company. Our polish lawyers will help you with that process and will give you more details about the types of taxes in Poland. We can assist you with getting your new Polish company VAT registered. In some cases investors will also need to apply for special permits and licenses necessary in their business areas. We will assist you with all the procedures. 

Virtual office

The virtual office is a perfect solution, especially for small companies that would like to start their business in Poland. We help with all formalities necessary for establishing such an office. it is a physical address of an office that can be used to establish a company in Poland and to manage it without having to maintain a traditional, physical office. The big advantage is flexibility, allowing you to work from a company main office or remotely. The virtual office provides the entrepreneur with the address necessary for registration. The best of the offices additionally offer a package of services, such as receiving incoming letters, forwarding it (by traditional mail or email in the form of scans), guaranteeing accounting support or the possibility of additional conference room rental. Our company can help with registered address for a company in Warsaw or any other city chosen by the Client.

Work permit for Company Representatives & Business Visa

Foreigners who are thinking about starting a business in Poland are often interested in obtaining a business visa. Our company provides consultations in this area. This type of visa allows you to travel around Poland, the Schengen area and set up a company. Good knowledge of Polish law allows us to quickly estimate whether obtaining such a visa will be possible in your case. We will analyze your business situation and give you advices. To obtain a business visa for Poland, certain conditions must be met. We will inform you about all the requirements and help you prepare all needed documents. 

Temporary Residency

The virtual office is a perfect solution, especially for small companies that would like to start their business in Poland. We help with all formalities necessary for establishing such an office. it is a physical address of an office that can be used to establish a company in Poland and to manage it without having to maintain a traditional, physical office. The big advantage is flexibility, allowing you to work from a company main office or remotely. The virtual office provides the entrepreneur with the address necessary for registration. The best of the offices additionally offer a package of services, such as receiving incoming letters, forwarding it (by traditional mail or email in the form of scans), guaranteeing accounting support or the possibility of additional conference room rental. Our company can help with registered address for a company in Warsaw or any other city chosen by the Client.

Help in obtaining a work permit for your employees

Our many years of experience and a qualified team will ensure that during consultation for obtaining a work permit, you will learn all the necessary information. We will analyze your professional profile, education, skills and plans for the future to choose the best job position for you. We have been working with good and stable Polish companies for many years, recruiting foreign employees for them. We know the legal processes of obtaining work permit perfectly and we will mediate between you and the new company, making sure that all documents are legal and your stay and work in Poland will take place without any obstacles.

Payroll solutions

The payroll system can be complicated. Currently, many companies are choosing payroll service to save time. As a result, they no longer waste energy on correcting legal mistakes, and their employees can take on other tasks. Our company are offering convenient payroll solutions. We provide comprehensive employee payroll services. We will keep employee records of your company in accordance with the latest laws and your regulations. Our services include, among others, calculating salaries for your employees, making salary transfers for employees, preparing declarations for the tax office and social insurance company, preparing certificates of remuneration obtained.

Benefits of Limited Liability Company:

100% Foreign Ownership
  • Foreigners are owners of 100% shares in a Polish LLC. The LLC is a separate legal entity from its shareholders. The company is fully liable for all of its obligations.
Limited Liability
  • The entrepreneur is responsible for the company’s obligations only with the company’s assets, which means that it is limited to the amount of contributions made by its partners.
One Shareholder or more
  • To the number of shareholders is one or more. Possibility of running a limited liability company by one person is in some cases big advantage.
One Director
  • Only one director is required to form the LLC. However, the sole shareholder can’t be another single shareholder company. Otherwise, there is no maximum limit of shareholders.
Low Minimum Share Capital
  • The minimum share capital is low – 5,000 PLN (currently 1,200 Euro). Upon collecting the company, the full cash amount must be deposited in the company’s bank account. In addition, our capital is not “frozen”, we can successfully allocate it to current fees for office rent or the purchase of furniture for the office.
Fast Registration
  • It is possible set up this company via Internet using the electronic signature. This allows you to register a company much faster than in a basic way, which makes it easier for entrepreneurs.
Accounting
  • Poland’s Accounting Act of 1994 for accounting and auditing. All accounting records must be written in Polish and use the Polish currency. The income, debts, profits, and losses for books. 
  • Full accounting allows you to control and analyze expenses, costs and sources of income received,
Inheritance
  • After the death of the owner, the company still exists.
Social Insurance
  • There are no ZUS contributions when several partners exist.
Separate entity
  • In the eyes of the law, a limited company business is a separate entity to its owner.  A sole trader and its owner are seen as one entity. A limited company director will have no attachment to the company’s actions apart from their share of the company.
Professional
  • In some businesses and industries, having a limited company can provide a more professional image.
Naming
  • Once you register your company with Companies House, your company name is protected by law

Keep in Touch

Please contact us. We will be pleased to help you with your company’s development plans and relocation to Poland.

Contact Us

Złota 59, Lumen Tower

00-120 Warszawa

+48 576 833 279

info@themigrationbureau.com

Facebook

Instagram

Are you interested in our services? - check the box below, in this way you agree to: marketing contact for our services. I would like to receive information about services of The Migration Bureau Sp. z o.o. to the above e-mail / phone number. I know that I can withdraw my consent at any time. Data you provided to us The Migration Bureau Sp.z o.o. will process in accordance with the information clause *