Setting up a business in Poland
04 November 2009by Ina Dimireva -- last modified 05 November 2009
An overview of the process of starting a new business in Poland.
Legal requirements
An entrepreneur can start operating as a business after having registered in the Register of Business Entities at the National Court Registry (KRS) or in the Register of Commercial Activity.
An incorporated company (i.e. limited liability company and joint-stock company) may conduct business activities even before registering in the Register of Business Entities.
Entry in the Register of Commercial Activity, is regulated by the Act on Freedom of Business Activity of 2 July 2004, and concerns private individuals only.
Act on Freedom of Business Activity of 2 July 2004 [PL]
The different types of commercial companies within the Polish legal system are set out in the Code of Commercial Companies. There are partnerships (i.e. registered partnership, professional partnership, limited partnership and limited joint-stock partnership) as well as incorporated companies (i.e. limited liability company and joint-stock company).
Code of Commercial Companies [PL]
The National Reform Programme envisages the setting up of a one-stop-shop system, which aims to help private individuals with the process of registering a company and submitting all the necessary documents needed in order to fulfil any remaining administrative requirements.
National Reform Programme [PL]
Apart from efficient procedures for setting up a business, every effectively operating company requires a sensible commercial strategy and secure financing.
Administrative procedures
The Register of Business Entities in the National Court Registry covers the following entities:
- registered partnership;
- European economic interest grouping; professional partnership;
- limited partnership;
- limited joint-stock partnership;
- limited liability company;
- joint-stock company;
- European company;
- cooperative;
- European cooperative;
- state-owned company;
- research and development unit;
- companies defined in regulations about rules for operating small production enterprises in Poland by private and incorporated persons;
- mutual insurance company;
- branches of foreign companies operating in Poland;
- main branches of foreign insurance companies.
Application forms used in the National Court Registry [PL]
The registration procedure in the Register of Commercial Activity is carried out by the district administration (gmina), in the place where the entrepreneur is registered as living.
The administrative district (gmina) where registration in the Register of Commercial Activity is performed is the relevant district where commercial activity will be mainly carried out in Poland, not only in the case of people who have their place of permanent residency outside of Poland, but also for Polish citizens or the citizens of other EU Member countries.
Furthermore, in order to carry out commercial activity in Poland it is necessary to obtain:
- a REGON statistical number - it is currently possible to obtain an electronic registration if the entrepreneur possesses an electronic signature;
- an NIP tax identity number - for registering with the appropriate Tax Office;
- registration in the Social Security Institution (ZUS) - it is currently possible to register using electronic forms.
Registering the details of a contribution payer - private individual [PL]
Registering the details of a contribution payer - incorporated company [PL]
There is a partial one-stop-shop for people registering in the Register of Commercial Activity. The registration body has a duty to send an application to issue a REGON number and a tax payer ID registration form or an update form in order to obtain a NIP number within 3 days to the appropriate bodies. The registration body sends applications along with certification of entry into the register, as well as other documents supplied by the entrepreneur.
Personalised help and advice
The Polish Chamber of Commerce (KIG) with its 51 regional chambers across Poland achieves economic regional development objectives through enterprise development. Information can be obtained regarding establishing a business.
The Enterprise (Przedsiębiorczość) section of the Polish Chamber of Commerce list of issues, provides advice on starting a business.
The Enterprise Europe Network provides businesses with information and advice through its local partners.
Enterprise Europe Network – contact points – Poland
Source: European Commission
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