What is a Company’s Legal Personality?
The legal personality of companies is a legal category that signifies the ability of a legal entity to have and exercise legal rights and obligations, i.e., to act as a subject of legal relations, as well as to act as a party in legal relationships.
Legal personality is understood as the possession by a legal entity of the qualities of a subject of law, namely legal capacity and the capacity to act.
Conditions for Acquiring Legal Personality in Poland
For a company to have legal personality, it must be registered in the manner prescribed by Polish law, have a specific legal form, and possess capital. In Poland, as in most countries, there are various legal forms that can be chosen to establish a company, including:
Popular Legal Forms in Poland:
- Limited Liability Company (LLC / Sp. z o.o.) – the most common form, which limits the liability of its members for the company’s obligations.
- Joint-Stock Company (JSC / S.A.) – a form in which the capital is divided into shares, and shareholders are liable for the company’s obligations only up to the value of their contribution.
Key Elements of Legal Personality
A company’s legal personality includes the following elements:
- Legal Capacity — the ability, established by law, to be a holder of subjective rights and legal duties.
- Capacity to Act — the ability of a person to acquire and exercise rights and obligations through their own actions.
- Capacity to Contract — the ability to independently enter into civil law transactions through one’s own actions.
- Tort Capacity (Delictual Capacity) — the ability of a person to bear civil liability for harm caused by their unlawful actions.
Types of Legal Personality
Legal personality can be general, sectoral, or special. General legal personality means the ability to have any civil rights and obligations, sectoral refers to a specific field (e.g., banking), and special is for performing specific, statutory tasks.
Need a Consultation?
If you have any remaining questions or would like to receive an additional consultation on the topic of company registration in Poland and its legal personality, please write to us at: office@progressholding.pl
