Are you a legal representative of a foreign contractor in Poland? Congratulations, this is a great distinction – you are in a circle of people who your employer trusts the most. However, as with the distinctions, great responsibility goes along with great successes. In your case, you will need to be aware of the law in force in Poland. Let me help you summarize some information that may be indispensable for you in the future. All related to the legal aspects of your new position.
What is the attorney appointed for?
The resolution of the Supreme Court says that “a person authorized in a branch to represent a foreign entrepreneur whose [that person] data was included in the entry of that branch to
KRS [- National Court Register], may grant a procedural mandate to replace a foreign entrepreneur in cases regarding claims related to the operation of this branch. “This means that you are authorized, inter alia, to conclude contracts on behalf of your employer, represent him in official matters and also in court cases.
The purpose of appointing a representative is primarily to improve the implementation of the entrepreneur’s affairs, while maintaining a certain autonomy, consisting in avoiding the need to turn to the entrepreneur’s home country to implement certain official and legal processes. First of all, the appointment of an attorney by an entrepreneur is aimed at protecting the interests of the entrepreneur himself – the proxy guarantees a certain effectiveness of the implementation of the aforementioned processes. In addition, the proxy is to a certain extent obliged to know the legal provisions of the country in which the power of attorney is exercised.
Civil Code and power of attorney
The basic source from which to obtain the Civil Code – it contains legal acts fully defining the power of attorney.
The Civil Code clearly defines that an attorney may only be a natural person, that is, a person who has at least limited legal capacity. For reasons of accuracy – people from the age of thirteen to eighteenth have a partial-limited legal capacity, while adults have full legal capacity.
The Civil Code also states that the power of attorney is valid if it is established in writing – the oral authority is not recognized by any executive body – in this case, administrative authorities – Polish law.
There are several types of power of attorney:
– authorizing – entitling to perform certain activities
– specific – regarding a specific legal transaction.
However, no power of attorney is irrevocable. Like any legal form, the power of attorney also loses its value under certain circumstances. One of such circumstances is the death of one of the persons who have this power of attorney. The liquidation of a legal person is identical with the situation when one of the parties to the contract whose power of attorney was concluded dies. Remember that you can also opt out of the proxy function yourself.