- 17 September 2021
- Posted by: Przemysław Bukowski
- Category: News
In order to conduct business in the territory of the Republic of Poland, foreign entrepreneurs may establish not only companies, but also branches based in Poland, as long as international agreements do not prevent them from doing so. They can also create and run representative offices in Poland.
Branch of a foreign entrepreneur
A foreign entrepreneur setting up a branch may conduct economic activity only within the scope of the subject of activity of the foreign parent enterprise. A branch commences operations after the branch is entered in the register of entrepreneurs of the National Court Register. A foreign entrepreneur setting up a branch is obliged to establish a person authorized in the branch to represent it, and also:
- use the original name of the foreign entrepreneur to designate a branch, together with the name of the entrepreneur’s legal form translated into Polish and the addition of the term “oddział w Polsce”;
- keep separate accounting in Polish for the branch in accordance with the accounting regulations;
- report any changes in the factual and legal status of the enterprise.
The liquidation of a branch of a foreign entrepreneur takes place on the basis of the liquidation of a limited liability company.
Establishing a representative office requires an entry in the register of representative offices of foreign entrepreneurs. The subject of activity may only be advertising and promotion activities of a foreign entrepreneur.
You must remember to:
- enter the representative office in the register of representative offices;
- a representative office may be established for 2 years only, with the possibility of extending it for another 2 years;
- the application was prepared in Polish;
- attach an excerpt from the foreign register together with a translation into Polish and possibly another document specifying the seat and rules of representation;
- authorization of the person to represent the representative office together with a declaration of its acceptance.
It is necessary to have a legal title to the real estate, which is indicated in the register as the seat of the representative office (you do not need to attach it to the application).
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