Citizens of countries belonging to the European Union may set up a business in Poland on the same terms as Poles. The situation is different if the company wants to set up a resident of another country. The legal act regulating the establishment of a business in Poland is the Act of March 6, 2018 regarding the rules of participation of foreign businessmen in the economic trade on the territory of Poland. According to art. 4 par. 1 and 2 of the aforementioned Act, foreigners not from European Union countries may set up their own business in Poland provided that:
- having a permanent residence permit,
- having a long-term resident’s EU residence permit
- possession of a temporary residence permit granted for the purpose of studying at university
- be married to a Polish citizen residing in Poland.
These people can register a company based on an entry in the business register. Persons who have the right to set up their own business in Poland also include foreigners with refugee status and beneficiaries of subsidiary protection, temporary protection or having a permit for tolerated stay. They must also have a Pole Card. The only exception that allows the foreigner to operate with a temporary stay is to give consent to continue the previously established company in Poland on the basis of an entry in the Central Register and Information on Business at a glance (CEIDG).
To facilitate the entire procedure, a foreigner may apply for a long-term resident’s EU residence permit. The condition is a 5-year period of an uninterrupted stay of a foreigner in Poland. This period includes both stay in Poland and other EU countries. The temporary residence permit in Poland is issued for a maximum of three years. Although the required 5 years is the time of an uninterrupted stay, this does not mean that a foreigner can not travel to his country at this time. Such a trip, however, can not last longer than 6 months, and all trips after summing up can not exceed 10 months. It is worth considering this option if you want to obtain the status of a long-term EU resident and apply for a permit to set up a business in Poland.
As for the form of activity, without any additional requirements, a foreigner may set up a limited partnership, limited joint-stock partnership, joint stock company and a limited liability company with o.o. A foreign citizen from outside the Union may also become a partner of a Polish company, through the acquisition of shares or shares in it, and may also be part of representative bodies. In such a situation, a contract of employment may be concluded with it or, for example, a contract of mandate based on which the foreigner will receive remuneration.
A very popular form of activity among foreigners is the company from o.o. set up via the internet. You do not need a PESEL number or a notarial deed to register it. After logging into the website of the Ministry of Justice, the required documents needed to set up the company will be displayed. We will then receive an entry in the National Court Register, and the data of the new company will be transferred to the REGON register and the National Register of Taxpayers. Both the NIP number and REGON number will be assigned automatically.