Company Formation (Support for Employers)

Who Can Set Up a Company in Poland? Opportunities for Foreigners

A foreigner’s ability to establish and conduct business activity in Poland depends on their nationality and legal status in Poland:

• Citizens of EU/EEA countries and Switzerland: As a rule, they can undertake and perform business activities on the same terms as Polish citizens, including setting up a sole proprietorship (jednoosobowa działalność gospodarcza – JDG).
• Citizens from outside the EU/EEA/Switzerland:
  • Full rights (like Polish citizens): This applies, among others, to foreigners holding a permanent residence permit, an EU long-term resident permit, refugee status, subsidiary protection, a Pole’s Card (Karta Polaka), or those who are spouses of Polish citizens (holding an appropriate residence permit). They can establish both sole proprietorships and companies.
  • Limited rights: Other non-EU/EEA/Swiss citizens, as a general rule, cannot set up a sole proprietorship, unless they hold specific residence permits (e.g., a temporary residence permit issued for studies or family reunification – requires careful verification). However, they generally have the right to establish and conduct business in the form of capital companies (limited liability company – Sp. z o.o., joint-stock company – S.A.), limited partnerships, limited joint-stock partnerships, and to join such companies and acquire shares or stocks.

Our Law Firm will help you precisely determine your eligibility to set up a company in Poland based on your individual legal status.

Most Popular Business Forms for Foreigners

Choosing the right legal form is a key decision. The options most frequently chosen by foreigners include:

• Sole Proprietorship (Jednoosobowa działalność gospodarcza – JDG): The simplest form, with quick registration in CEIDG (Central Registration and Information on Business). Mainly available to citizens of EU/EEA/Switzerland and non-EU foreigners with a specific legal status in Poland. The owner is liable with their entire assets.
• Limited Liability Company (Spółka z ograniczoną odpowiedzialnością – Sp. z o.o.): The most popular capital company in Poland. Accessible to virtually all foreigners. It features limited liability for shareholders up to the amount of their contributed shares. Requires drafting Articles of Association (in the form of a notarial deed or simplified online via the S24 system), contributing share capital (min. PLN 5,000), and registration in the National Court Register (KRS).
• Other Forms: Foreigners (according to their eligibility) may also consider setting up a registered partnership, professional partnership, limited partnership, limited joint-stock partnership, joint-stock company, or a branch of a foreign entrepreneur.

We will advise which legal form will be most optimal for your business model, development plans, and legal situation.

How Does the Company Formation Process Work? Key Stages

The registration process varies depending on the chosen legal form. The main steps usually include:

1. Choosing the Legal Form and Consultation.
2. Preparing Necessary Documents: E.g., Articles of Association for a Sp. z o.o., finding a registered address (seat).
3. Company Registration: Submitting an application to CEIDG (for sole traders) or KRS (for companies). Sp. z o.o. registration is possible online (S24 system for simple agreements) or traditionally with a notary.
4. Obtaining Identification Numbers: NIP (Tax Identification Number) and REGON (Statistical Number) are usually assigned automatically upon registration.
5. VAT Registration: If required or voluntary.
6. Opening a Corporate Bank Account.
7. Potential Legalization of Stay: Running a business can be grounds for applying for a temporary residence permit – we assist with this as well.

Additional Services Supporting Your Business Start in Poland

We understand that simply registering a company is just the beginning. We also offer support regarding:

• Providing a registered address and mail handling services (virtual office).
• Assistance in opening a corporate bank account.
• Connecting with trusted accounting offices and tax advisors.
• Obtaining necessary concessions, permits, and industry-specific licenses.

Why Use Our Support When Setting Up Your Company?

Entrusting us with the process of setting up your company in Poland gives you:

• Legal Expertise: We have excellent knowledge of Polish regulations concerning the establishment and operation of businesses by foreigners.
• Time and Stress Savings: We will guide you smoothly through all formalities, minimizing the risk of errors and delays.
• Optimal Choice: We will advise on the best legal form for your business and situation.
• Comprehensive Service: We assist not only with company registration but also with residence matters and other legal issues related to your business.
• Communication Support: We overcome language barriers in dealings with offices and institutions.
• Professional Representation: We act on your behalf before registration authorities and other bodies.