- 4 August 2020
- Posted by: Przemysław Bukowski
- Category: News
In this article, we would like to talk again about how to open a company in Poland on the example of a limited liability company (LLC), describing in detail all stages of registration.
What documents and what information are needed to open a business:
1. A valid passport of the company founder.
2. Name of the future company. It must be in Polish or English.
3. We choose the types of activities of the future company (PKD), there can be an unlimited number of them, but the excerpt from the register will not contain more than 10.
4. We decide where the company will operate (city). This will be necessary for correspondence with the authorities. If the tax office sends you a letter and the post office is unable to deliver it twice, then the tax office may exclude the company from the list of active taxpayers.
5. We choose the management of the company – the board. There must be a minimum of 1 person, but may be more. The board is responsible for the company’s operations and is fully accountable to the authorities. 6. Share capital – the minimum share capital of a limited liability company amounts to 5,000 PLN. You can bring money as well as property.
Company registration in the court register – KRS
After choosing the form of ownership of the future company, it is necessary to register with the state authorities of the Republic of Poland, namely the National Court Register (KRS).
1. We prepare and sign the association’s statute.
2. We prepare and complete an application for company registration in the form provided for by law and submit it to the National Court Register (KRS) at the place of registration. There is also a stamp duty of EUR 80.
3. We prepare a rental agreement for a legal entity.
4. All collected documents are forwarded to the Registry Court on the basis of an application for registration.
If you use our services, all activities will be performed by Progress Holding for you.
Forms of company registration
There are two main forms of company registration – electronic registration (online at S24) and notary registration.
To register a company in Poland online or via the Internet (remotely), a foreigner will have to obtain a PESEL number and register in the ePUAP system – Electronic Platform of Public Services.
PESEL is the identification number of the person under which he is registered in the base of the Universal Electronic System for Population Registration. It consists of 11 digits and is analogous to NIP. It is awarded to both Polish citizens and foreigners living in the country. It is issued after the registration of a temporary or permanent residence permit. In the absence of registration, you should apply for a PESEL number to the Commune Office. The process takes from 1 day to 1-2 weeks. To register PESEL, a notarized copy of the founders’ passports is required.
ePUAP Trusted Profile is a free method of identity verification in electronic contact when receiving government services, without the need to visit the website and government agencies. This profile acts as a handwritten signature and is an equivalent of a secure electronic signature, which is verified with a qualified certificate. In order to register, complete the form on the state website pz.gov.pl/pz/register. Registration in the ePUAP system takes 1 day. The profile must be confirmed as soon as possible.
Thus, having a profile and electronic signature, you can register your company online, i.e. online within 5 days. Price – 599 EUR, plus 80 EUR customs duty.
Registration of a company on the basis of a notarized power of attorney is available to everyone, including foreigners who do not have a registered electronic signature in Poland. The advantage of such registration is the possibility of drawing up the statute at will, when in the electronic version there is a strict form without the possibility of changing. However, it should be noted that this form has many disadvantages:
1. The registration period is extended and lasts approximately 1 month.
2. The cost of registering a business is rising.
The cost of this service will be 1,000 EUR plus 80 EUR state fee.
Documents received after company registration
1. Articles of Association of the Limited Liability Company in the form of a notarial deed.
2. KRS number (National Court Register). If the company has been assigned this number, it can be considered registered. Do not expect any confirmations or certificates on the forms. You can check your company’s registration on the National Court Register website by entering the number. All information about your company will appear in the information table. You can save this document from the website in pdf format.
3. REGON number (National Economy Register). After the company is registered in the National Court Register, it is assigned a number in the National Economy Register. This number is required for statistics kept by the Central Statistical Office (GUS).
4. NIP number (Tax identification number) – tax identification number – is issued at the Tax Office. A certificate is a form with the name of the company, number, details of who issued it, a seal.
IMPORTANT! We receive NIP (tax number) and REGON (statistical number) in Poland on the same day when registering with the National Court Register. The court independently sends registration applications to other funds along with information about registration in the National Court Register.
5. At the end of the registration of a new company, a seal is created and a bank account is opened. All data is updated by the tax office at the place of company registration.
It should be noted that the Central Register of Real Beneficiaries (CRBR) started operating in Poland in October 2019. It contains data on the actual beneficiaries of Polish limited liability companies, joint stock companies, and ordinary joint stock companies. The application to CRBR is submitted within 7 days from the date of company registration, free of charge in electronic form at https://podatki.gov.pl/crbr/. There are fines for late submission of the application. It is certified with an electronic signature or confirmed by a signature (trusted profile) in the ePUAP system.