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Foreign Company in Poland PDF Print E-mail
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Tuesday, 28 June 2011 10:02

Forms of Foregin Business in PolandThere are 2 ways for foreign business to trade in Poland guaranteed by Freedom of Economic Activity Act: Agency or a Branch.

Representation Office - Agency

Creation of Agency in Poland requires registration to register of foreign business in Poland.  The application for registration should be made in Polish and specify:
•    the name, registered place, legal status
•    the business objectives of setting,
•    the first name, surname and address in Poland of a representative in Poland
•    the address of a representative office in Poland. 

The following documents should be attached to the application referred to above:
•    the founding deed of the foreign entrepreneur
•    an excerpt from a Commercial Register or equivalent thereof
•    a statement from the foreign entrepreneur concerning the establishment of a representative office in Poland,
•    document confirming that the foreign entrepreneur has a legal title to  premises or  a real  estate in which activity of the representative office is to be  conducted.

This type of business activity is defined as direct foreign business activity in Poland and has no independent legal entity, thus it can not be a party to any agreement. All agreements concerning representation must be signed by foreign company. Representation office can not be a party to legal proceedings, and cannot sue or be sued.

The most important fact is that the representation office is limited to only deal with advertising and promotion of foreign company.

Branch Office

The branch is a separate and organizationally independent body, created by foreign company on the territory of Poland. To register Branch foreign company must meet the following requirements:
•    branch   name must consist the original name of the foreign company with added words “oddział w Polsce” (Branch in Poland)
•    disclose the name and address in Poland of a representative,
•    signature of the representative certified by a notary
•    if he or she operates pursuant to a founding deed, the articles of association or statutes be placed in the registration files of a branch office together with a sworn translation into Polish. If the foreign entrepreneur sets up more than one branch office in Poland, such an instrument only needs to be placed in the registration files of one branch office, provided that a reference is made in the registration files of other branch offices together with the identification of the Court in which such files are kept and the number of the Registry division;
•    if he or she exists or operates pursuant to an entry in a commercial register in the country in which that business is registered - the entrepreneur must place an excerpt from such a register together with its sworn translation into Polish in the registration files of the Polish branch office. If the foreign entrepreneur sets up more than one branch office in Poland, such documents only need to be placed in the registration files of one branch office, provided that a reference is made in the registration files of other branch offices together with the identification of the Court in which such files are kept and the number of the Registry division.

It is considered a branch does not have legal personality. Foreign entrepreneur can create one or more branches; however the objectives of the branch cannot exceed the scope of the foreign business. Important fact is that the branch is liable with all its assets without restrictions.


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References: http://www.paiz.gov.pl/polish_law/forms_of_doing_business


Last Updated on Saturday, 23 February 2013 18:07
 
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