Business in Poland Legal Consulting

Proper formation and registration of a company in Poland is a gradual process. It is needed to sign the incorporation act in front of a notary public and go through court registration procedure. The first steps regarding a new company are the most important, because they influence on the company’s future activity. My law office also offers an incorporating a company on your behalf from the beginning, so the company will be made from the start with your suggestions and you will be the owner of the company from the very beginning. We provide our legal services from incorporation, through registration and with running the company.

My law office offers a professional company formation in Poland legal service. We help our clients with every detail connected with establishing business entities based on Polish law. My law office services regarding company incorporation are the most professional on the market. We pay strict attention to every detail on every stage of Polish company formation process and your business visa and residence permit process.

There is no need to come to Poland to form a company in Poland, my law office can take all activities on your behalf, finally as a result of our cooperation, you will receive a brand new company in Poland, without moving from your home country.

As a result of cooperation with our law office, your company:

1. will have it’s articles of association signed in a Notary Public Office in Poland;
2. will be registered in the National Company Registry (KRS) and will obtain it’s individual KRS number;
3. will get tax identification number (NIP);
4. will get statistical number (REGON);
5. will be registered in Polish Social Security Service (ZUS);
6. will have it’s own address in Poland.

Also you will be introducted to bank services and accounting services.

Generally there are two groups of foreigners who can conduct business in Poland:

1. Foreigners who can conduct business on the same principles as Polish citizens. These are people who have permanent residence permit, EU long term residence permit, Pole’s card and some of foreigners who have temporary residence permit + for example are married to a Polish citizen.
2. Other foreigners (not listed above) may conduct business in a form of a:
   • limited liability company,
   • joint stock company,
   • limited partnership company,
   • limited partnership joint stock company.

If a foreigner wants only to establish one of the companies listed above (and be a shareholder), then it’s no need to come to Poland and obtain temporary residence permit, but he will be only an owner of the company. The person who will actually conduct business activity in Poland is for example a company director. In case the director is a foreigner, he has to apply for temporary residence permit in Poland.

The advantage of setting up a business in Poland is that the company can conduct business activity during your temporary residence permit procedure.

A foreigner working or willing to work in a company set up by himself has to demonstrate that the activity of this company is beneficial for the Polish economy (growth of investment, technology transfer, introduction of beneficial innovations or creation of new workplaces).

Summarizing, if you are willing to set up a business in Poland, then you should be prepared for three procedures:

1. setting up a company + registration procedure;
2. business visa procedure (if you are abroad of Poland and don’t have a visa);
3. temporary residence permit procedure (on the basis of conducting business activity).

Immigration Lawyer provided legal assistance during all of the procedures listed above. My law office incorporate the company on your behalf – that means you don’t need to come to Poland to have your company registered on your name. The company can start running immediately and from the beginning it will be your company.

As a result of cooperation with our law office, your company:

1. will have it’s articles of association signed in a Notary Public Office in Poland;
2. will be registered in the National Company Registry (KRS) and will obtain it’s individual KRS number;
3. will get tax identification number (NIP);
4. will get statistical number (REGON);
5. will be registered in Polish Social Security Service (ZUS);
6. will have it’s own address in Poland.

Our law office also provides legal services for companies which are registered and conducting business in Poland (in all areas).

Recently my law office had a lot of questions about buying a ready made company in Poland (in a form of a LLC). In this article I would like to explain how it can be done.

Buying a properly registered and professionally prepared shelf company is very important to your future business. The advantage of such decision is that the company is already registered (because is some situations the Registry Court can refuse the registration) and has got it’s own address in Poland. It is also important that the company has got the KRS Number, Social Security Number, Tax Identification Number and Statistical Number, so it is ready to conduct business anytime.

Foreigners can buy a shelf company in Poland without their presence in Poland. If you would like to start your business in Poland and you don’t have a visa or a residence permit (citizens of countries from which a visa or residence permit is required to stay in Poland), then you can buy a ready made company without coming to Poland. My law office offers complex legal assistance in that matter, so you will be confident that your case is being proceeded by a professional and is in right hands. The companies for sale are prepared by my law office, so you have the knowledge that the company’s documentation was prepared by a professional lawyer, registered on an Official Polish Ministry of Justice Lawyer’s List. It is very important, as the proper preparation of company’s documents has got a major influence on the quality of running a company.

If you decide to buy a shelf company which is prepared by my law office, then:

• minimum formalities are required (no need to come to Poland);
• you get 100% clean company, present on Polish market with certificate for no liabilities;
• the company is ready to start business immediately;
• the company will have KRS Number, Social Security Number, Tax Identification Number and Statistical Number;
• the company will have it’s own address in Poland (virtual office);
• you will be introduced to current bank offers and accounting services;
• on your wish the company can be customized;
• on your wish my law office can prepare your business visa application and represent you in front of Voivodeship Office for obtaining a business residence permit;
• my law office offers consultation for running any type of business in Poland and can provide you legal services on any grounds;
• the fees which my law office offers are with no hidden costs, you pay once and receive services which you request.

My law office offers shelf companies service in Poland that are 100% clean, without any liabilities and ready to start business and earning money. Ready companies that my law office provides are properly incorporated, registered according to all legal requirements on the basis of polish commercial companies code. If you will choose my law office services, then you will enjoy maximum flexibility and full professional lawyer’s support anytime.

My law office also offers a traditional incorporating a company on your behalf from the beginning, so the company will be made from the start with your suggestions and you will be the owner of the company from the very beginning. We provide our legal services from incorporation, through registration and with running the company.

In this article I would like to answer the ten most frequent questions about setting up a company in Poland and conducting business.

1. Can I establish a limited liability company in Poland while I am abroad?

It’s possible to establish a company in Poland, while the shareholders and management board are staying abroad (even outside EU). The establishing procedure can be made by a proffessional from our law office on the basis of a power of attorney or by selling the shares of a ready made company to the new shareholders.

2. How long it takes to establish a limited liability company?

It depends on many circumstances, especially on the que at the proper registry court. All in all the procedure should finish within a month (usually). The company will have it’s own KRS number, National Registry number and Tax number. It will be also registered in National Statistics Registry, Tax Office and Social Security Office.

3. What documents should I prepare for establishing the company?

The major document is the company incorporation act – it’s a kind of a contract between shareholders and concerns the most important subjects in the company like list of shareholders, company’s headquarters, share capital etc. We strongly advice to have company incorporation act prepared by a proffessional lawyer, as it has got a huge impact on functioning of the company. Making any mistakes at this point, can cause a lot of problems and misunderstandings between shareholders in the future. Our law office specializes in preparing such documentation, after consultation with shareholders. The other documents are list of shareholders, list of management board, their addresses, statements about share capital.

4. Can I apply for a business visa after establishing a company in Poland?

Yes, after establishing a LLC in Poland you can apply for a business visa to Poland. After coming to Poland you can also apply for a temporary residence permit on the basis of conducting business, and later for EU long term resident permit.

5. Do I need to have an office in Poland?

Yes, the company must have it’s own address, which will be used mainly for correspondence. On the beginning of your business in Poland we strongly recommend to use an virtual office, as the price of the rent is low, and such address is accepted by registry courts.

6. What about all the daily paperwork for the company?

Our law office provides full backup for legal services for companies and can handle everything needed to the registry court (as the LLC company must send statements and yearly information to the registry court) and current activity. Only in tax matters, we advice to have an accountant.

7. If I would like to use your legal services, what I will get?

As a result of cooperation with our law office, your company:

1. will have it’s articles of association signed in a Notary Public Office in Poland;
2. will be registered in the National Company Registry (KRS) and will obtain it’s individual KRS number;
3. will get tax identification number (NIP);
4. will get statistical number (REGON);
5. will be registered in Polish Social Security Service (ZUS);
6. will have it’s own address in Poland.

8. Can I establish the company while I am in Poland, but I don’t know Polish language?

Yes, in this situation you can also have our complex legal backup on all of the steps regarding establishing a LLC company.

9. How much it cost to establish a company in Poland?

For detailed information, please contact us on the email or WhatsApp.

10. Can my company buy a property in Poland?

If the share capital will be held only by foreigners, then it will be needed to obtain a permission from proper ministry in Poland to buy a piece of land – our law office can handle this procedure. There are no limits in buying flats, it can be bought by you or your company without any permissions.

In addition to the standard offer of my law office (legal services), according to high interest in the subject of investing in Poland and gaining a residence permit, my law office prepared a special VIP offer for interested investors, who would like to invest in Poland 1 000 000 USD or more.

Investing in property and setting up a new business in a foreign country is a difficult process if you don’t have any support – starting from language barrier to complicated law issues. Our team provides complex services in all of the grounds.

It is extremely important to us that you have complete peace of mind during the process knowing that your application is in the best hands. Throughout the process,  you will have us as your contact who will help and guide you every step of the way to gain visa/residence permit, run your business in Poland and any other grounds.

My law office cooperates with experienced real estate agents, tax advisors and patent attorneys. Also, as we are providing legal services to companies in Poland from various industries, you can be confident that we can also help to to find a reliable business partner in Poland.

With this special VIP offer, we provide:

1. complex legal services regarding opening and running a company in Poland;
2. cooperation with experienced real estate agents, covering all the territory of Poland;
3. patent attorneys legal services (if needed);
4. services regarding finding a reliable business partner in Poland;
5. complex services according to residency in Poland;
6. services regarding any of your request;
7. 24/h, 7 days a week lawyer care (in Poland, most of law offices work only from Monday to Friday)

Some of our customers are interested in buying a shelf company – the main reason is they would like to start their business immediately, and a company incorporated, according to our pattern is enough for them. We make the highest effort to ensure that companies are professionally prepared. Please ask via e-mail or WhatsApp about the actual offer for shelf companies prepared by our law office.

If you decide to buy a shelf company which is prepared by my law office, then:

• minimum formalities are required to transfer the shares of the company to you (no need to come to Poland);
• you get 100% clean company, present on Polish market with certificate for no liabilities;
• the company is ready to start business immediately;
• the company will have KRS Number, Social Security Number, Tax Identification Number and Statistical Number;
• the company will have it’s own address in Poland (virtual office);
• the company will have a running bank account;
• on your wish the company can be customized;
• on your wish my law office can prepare your business visa application and represent you in front of Voivodeship Office for obtaining a business residence permit;
• my law office offers consultation for running any type of business in Poland and can provide you legal services on any grounds;
• the fees which my law office offers are with no hidden costs, you pay once and receive services which you request.

Back in 2017 I have written an article about general information for visa and resident permit applications. In this article I will focus on business visa and business resident permit procedure. Please find below the most important steps for obtaining business visa and business resident permit in Poland.

Step no. 1

The first and the most important step is to form a company (information about forming a company) or buy a ready made company in Poland (information about buying a ready made company). This step is essential as without having a company in Poland, applying for a business visa is impossible.

Step no. 2

After incorporating the company or buying a ready made company, the changes must be registered in Registry Court System. After having the changes registered you will receive a confirmation from the court. Now it is the correct time to apply for a business visa at the proper Polish Embassy. When you get well at the interview at the Embassy and provide all required documents you will obtain a business visa (national or schengen), congratulations! Now you can travel to Poland for business reasons.

Step no. 3

If you are willing to stay in Poland for a longer time, then it will be needed to apply for a business resident permit. Application for temporary residence permit must be filed during your legal stay in Poland. When the right Voivodeship Officer accepts your application, he will put a stamp in your passport, confirming that you have applied for a temporary residence permit. This stamp legalises your stay  in Poland, even though your visa or previous temporary residence permit has expired. Finally you receive a residence card.

My law office provides legal services during all the steps written above. We offer discounts for clients who are interested in all of our services – establishing a company, preparing visa application and representing you during the residence permit procedure.

The permanent residence permit may be given to a foreigner who:

1. is a person of polish origin and wants to settle in Poland;
2. has been married to a Polish citizen in a marriage (polish law) for at least 3 years before filling the application for a permanent residence permit and has stayed in Poland without interruption  before filing the application for at least 2 years  to a temporary residence permit issued pursuant to marriage with a Polish citizen or to obtaining refugee status, subsidiary protection or consent for stay issued due to humanitarian reasons;
3. has stayed in Poland uninterruptedly  before filing an application for a permanent residence permit for at least 5 years according to refugee status;
4. has been granted asylum in Poland;
5. has a valid Pole’s Card and intends to settle in Poland permanently;
6. is a child of a foreigner who has a permanent residence permit in Poland or a long-tern EU resident permit, remaining in the parental custody of the foreigner;

Important!

Application for permanent residence permit must be filed during your legal stay in Poland. A permanent residence permit is valid for an indefinite period and the residence card has to be replaced every 10 years. A permanent residence permit issued in Poland does not entitle the foreigner to take up work in another EU country. A permanent residence permit entitles the foreigner to travel to other Schengen Area countries for up to 90 days in a 180-day period for only tourism purposes.

The long term EU Residency permit authorizes it’s holder to stay in Poland permanently, only the residence card must be renewed for 5 years peroids. The foreigner can take up work in Poland on that basis and can travel along Schengen Zone countries for tourist reasons.

The long term EU Residency permit may be granted to a foreigner who:

1. has been staying in Poland legally for 5 years (uninterruptedly);
2. has maintained a stable and regular source of income for 3 years before applying for long term EU residency permit;
3. has got health insurance;
4. has got a place of residence in Poland;
5. has obtained a certificate in Polish language on B1 level.

The long term EU Residency permit application must be submitted by a foreigner who stays legally in Poland. The procedure takes about 3 months.

The citizens of many outside EU countries are required to obtain a Polish visa in order to enter and remain in Poland for the specified in visa time. Visas are issued by Polish consulates, after applying for a visa in appropriate Polish Consulate. You can apply for various types of visas:

1. Air Transit Visa (type A) – which allows a foreigner to pass through the airport of one or more Schengen Area countries;
2. Schengen Visa (type C) –  which allows a foreigner to remain in the Schengen Area for up to 90 days within a period of six months. The period is calculated from the first entry;
3. Country Visa (type D) – which visa allows a foreigner to enter a single country and stay within its borders for up to one year.

The most popular purposes of visa issuance:

1. purpose of tourism;
2. visiting family or friends;
3. performance of business activity;
4. performance of research and development activity;
5. participation in sports events;
6. performance of work;
7. arrival in the Polish territory as a member of immediate family of a repatriate;
8. obtaining temporary protection.

Different consular offices may require different complementary documents to the visa application, so I suggest to contact appropriate person when gathering information about those documents. If your visa application have been denied, you have the right to obtain a written explanation of the decision. They may appeal against the decision within seven days of receipt of the written decision. They must submit the appeal to the consular office which issued the negative decision.

Polish citizenship can be obtained via:

1. virtue of law;
2. granting Polish citizenship;
3. recognition as a Polish citizen;
4. restoration of Polish citizenship;

In some cases there will be needed to obtain (especially if you are a child or grandchild of Polish emigrants):

confitmation of having Polish citizenship.

1. Obtaining Polish citizenship by a virtue of law.

If one of the parents held Polish citizenship while the child was born, then the child obtains Polish citizenship by a virtue of law (right of blood). This rule also is used when a child is born in Poland and the parents are unknown. If a minor foreigner before reaching the age of sixteen is adopted by a person or persons holding Polish citizenship, it is assumed that the foreigner acquired Polish citizenship on the day of his birth.

2. Granting Polish citizenship.

Polish citizenship is granted by the President of the Republic of Poland. The President shall not be restricted by any conditions that must be met by a foreigner to grant him Polish citizenship. This means that the President can grant Polish citizenship to any foreigner.

Please remember that generally no law rules apply in this procedure, especially about conditions that should be met or proceeding time. This way of obtaining Polish citizenship can be used while the other procedures (recognition as a Polish citizen or restoration of Polish citizenship) can no be used in your case. An applicant for citizenship is obliged to justify his application and to present an important reason for granting him Polish citizenship.

3. Recognition as a Polish citizen.

Recognition as a Polish citizen is an administrative procedure, based on code of administraion proceeding. Please find below the list of applicants who can apply to be recognized as a Polish citizen:

• a foreigner residing continuously in Poland  for at least 3 years on the basis of a long term EU resident permit or permanent resident permit and who has a stable and regular source of income in Poland;
• a foreigner residing continuously in Poland for at least two years on the basis of a long term EU resident permit or permanent resident permit and who has been married to a Polish citizen for at least three years;
• a foreigner residing continuously in Poland  for at least 2 years on the basis of  which was obtained in connection with refugee status granted in Poland;
• a minor foreigner with one parent who is a Polish citizen residing in Poland on the basis of a long term EU resident permit or permanent resident permit and the other parent who does not hold Polish citizenship has agreed to this recognition;
• a minor foreigner with at least one parent whose Polish citizenship has been restored, if the minor resides in Poland on the basis of a long term EU resident permit or permanent resident permit and the other parent who does not have Polish citizenship has agreed to this recognition;
• a foreigner residing continuously and legally in Poland for at least 10 years who has got a permanent resident permit or EU long term resident permit and has a stable and regular source of income in Poland along with legal title to the occupied dwelling;
• a foreigner residing continuously in Poland for at least 2 years on the basis of a permanent resident permit which was obtained in connection with the foreigner’s Polish ancestry.

To be able to be recognized as a citizen of Poland – except for a foreigner referred to points 4 and 5 – the foreigner is obliged to have a command of Polish language. Language proficiency must be confirmed with an official certificate  obtained after passing a State examination, a school-leaving certificate (e. g., elementary, secondary or tertiary school) in Poland or a school-leaving certificate obtained from a school abroad with Polish as the language of instruction.

Certificates for Polish language skills are issued by the State Commission for the Certification of Proficiency in Polish as a Foreign Language. Currently, to receive a certificate the applicant must pass an exam organized by the Commission at the basic communication level (level B1).

4. Restoration of Polish citizenship.

The Polish citizenship may be restored to foreigners who used to hold Polish citizenship in the past, but lost it before January 1st, 1999 based on the events referred to in the said Law:

• Article 11 or 13 of the Law on Polish Citizenship of January 20th, 1920;
• Article 11 or 12 of the Law on Polish Citizenship of January 8th, 1951;
• Article 13, 14 or 15 of the Law on Polish Citizenship of February 15th, 1962.

Polish citizenship shall not be restored to a person who voluntarily joined – in the period between September 1st, 1939 to May 8th, 1945 – military service or held public office in the Axis countries or their allies, or acted against Poland, especially its independence and sovereignty, or participated in human rights violations. Polish citizenship will not be restored if it constitutes a threat to national defense, national security or public order.

Polish citizenship is restored by the Minister of Interior by decision on a request of the person concerned. A foreigner living outside of Poland submits a request through a Polish Consul. In the procedure of the restoration of citizenship, the provisions of the Code of Administrative Proceedings are applied.

5. Confirmation of having Polish citizenship.

Citizens who do not have documents proving Polish citizenship (a Polish passport or ID) or whose personal data and citizenship can not be ascertained, may apply for confirmation of Polish citizenship.

Citizens over 18 years old, who were born outside of Poland and/or have never possessed documents proving their Polish citizenship (a Polish passport or ID), prior to applying for the Polish passport at the Consulate must obtain a certificate confirming their Polish citizenship. It is needed to prepare required documents of your ancestors in this procedure, in many situations it is required to make a search at Polish national or church archives (my law office helps in all of the grounds).

If you are interested in granting Polish citizenship, then my law office provides proffessional legal services in all of the grounds. Having me as your representative in Poland, means that the case is being proceeded by a registered lawyer (advocate), listed on an official Minstry of Justice list – so you can be confident that the case is in right hands.