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These factors may be important to take into account when forming a company in Poland:
1. Commercial variables
The following business factors must be taken into account: -
The business's industry and type - The nationality of its headquarters or key
personnel - The existence of trade agreements or other business relationships
2. Location
Another consideration is location. Rules, prices, and
availability may vary between various cities and regions. It is always advised
to consult with relevant experts, including business or legal counsel,
accountants, and others based on your needs.
3. Geography
Geography could be a problem. Poland currently has weak
road, rail, and infrastructure systems, which raises the cost of doing business
because it makes it more difficult to access each regional Polish market.
Although it can be poor in less populated areas, internet access is typically
good in urban areas.
4. Regulation
Poland, a nation renowned for its strict labor laws,
ineffective commercial court system, and excessive red tape, has long struggled
with regulation. These issues have all historically shown to be obstacles for
foreign businesses.
In Poland, opening and operating a business is very
regulated for foreigners. Only limited liability companies, joint stock
companies, and limited partnerships are permitted for use in the establishment
and operation of businesses by entrepreneurs from non-EU nations. Another
option for investors is to buy an existing business. Similar to Polish
citizens, business owners from the EU can form any type of company.
Additionally, a branch or representative office may be established.
Entrepreneurs should think about the size of the business,
operating costs, and other factors before deciding on a legal business
structure. For foreigners, limited liability companies are the most common
structure.
Limited Liability Company
These are the most common businesses that foreigners
establish in Poland and are designed for larger business endeavours. Only the
amount of share capital that they actually own makes shareholders liable.
A share capital of PLN 50,000 is needed to form a company.
The new business must also register for VAT payment, obtain
a REGON (statistical number), an NIP (tax identification number), and obtain an
NIP.
Steps Required:
1. Partnership must be entered in the Polish Court Register
2. Obtain Certificate of Approval,
3. Post- Registration Procedures.
Time: 4 months
Joint Stock Company
In Poland, this type of legal entity carries legal
personality along with it and is typically applied to big corporations with
multiple owners. The process of incorporation largely resembles that of
registering a limited liability company; the main distinction between the two
business structures is that a joint stock company is fully and unconditionally
liable for all of its debts to its assets.
Limited Partnership
Limited partnerships are able to take on obligations and
gain rights. It is a type of business partnership that can be established by at
least two people, each of whom serves as a general partner in turn.
Purchase a shelf company
Purchase of an existing business is an option for foreign
investors who want to launch a business in Poland.
Foreign Branch
While operating as a separate, stand-alone unit of the company
in a different nation, branches lack legal personality. The parent company is
entirely responsible for the actions of the branches.
Wholly owned subsidiary
Subsidiaries must adhere to the same rules and regulations
that apply to Polish limited liability companies. They are appropriate for
small and medium-sized businesses and are separate from the parent company,
unlike branches, which are not.
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