Foreigners who live in countries that are part of the European Union, as well as other countries, have the right to set up their own company in Poland. While Union members can register their activities on the same terms as Poles, residents of non-EU countries must meet several requirements. Foreigners from Eastern bloc countries holding a permanent residence permit, for a long-term EU residence permit or a temporary residence permit obtained as part of education or for a marriage concluded with a Polish citizen living in Poland, may set up a business activity on the basis of an entry in the business activity register . Such activity may also be established by foreigners from outside the Union who have refugee status and enjoy temporary or supplementary protection, who have a permit for tolerated stay or who have a Polish Card. The only exception is the possibility of being the owner of the company based on a temporary residence permit issued for the purpose of continuing operations already earlier, based on the entry into CEIDG. According to the regulations, a foreigner must meet one of the above conditions to set up a business if he has a temporary residence permit without continuing a previously established company, and without family ties with Poland, an entrepreneur in our country can not be.
A residence permit for a long-term EU resident may be a facilitation for a foreigner. However, in order to get one, the period of uninterrupted stay of a foreigner must be 5 years. Included in it are both the time of continuous residence in Poland and in other European Union countries. Of course, during these five years a foreigner may travel to his country, but his one-time trip may not be longer than 6 months, while the sum of all trips may not exceed 10 months. It is worth taking into account the length of stay of a foreigner, both in Poland and in other EU countries, in order to obtain the status of long-term EU resident and company registration in CEIDG.
The only form of activity that can be assumed by a foreigner from outside the EU is a limited partnership, limited joint-stock partnership, joint-stock company and limited liability company. It is allowed to buy shares in capital companies and join such companies, provided, however, that international agreements do not provide otherwise . If he becomes a co-owner of the Polish company and will be part of the management board, he may sign a contract of employment or other civil law contract, such as a contract of mandate.
The most popular form of the company currently is a company with o.o., established via the Internet. This is the simplest form of activity, which does not require a PESEL number or a notarial deed. All you need to do is log in to the website of the Ministry of Justice and see all the documents required to register your company and obtain an entry in the National Court Register in electronic form. The new company’s data is transferred to the REGON and CRPKEP registers. The required own contribution is PLN 5,000. An electronic signature must also be submitted by all partners. Within 21 days from the date of registration, the NIP-8 should be submitted to the tax office.