Publication date: 17.08.2024
Creating a startup in Poland: legal aspects for Ukrainians
Poland has become an attractive destination for Ukrainian entrepreneurs seeking to develop their innovative ideas in the European market. However, setting up a startup in another country requires careful planning and an understanding of the local legislation. This article examines the key legal aspects that Ukrainians need to consider when launching a startup in Poland.
Choosing an organizational and legal form
The first step in setting up a startup is to choose the appropriate legal form. In Poland, there are several options, each with its own peculiarities and advantages.
The main forms of business for startups:
- Individual entrepreneurial activity (Jednoosobowa działalność gospodarcza);
- Limited liability company (Spółka z ograniczoną odpowiedzialnością);
- A simple joint-stock company (Prosta spółka akcyjna);
- Limited partnership (Spółka komandytowa).
The choice of form depends on many factors, including the scale of the business, the number of founders and potential risks. Our legal analysis service can help you choose the most appropriate form for your startup.
Company registration
The process of registering a company in Poland may seem complicated, especially for foreigners. However, with the right approach, you can go through all the steps efficiently.
Here are the main steps of registration:
- Preparation of constituent documents
- Obtaining a PESEL or NIP for foreigners
- Registration in the National Court Register (KRS)
- Opening a bank account
- Registration with the tax and social security authorities
The service of legal analysis of documents may be useful at this stage to make sure that all documents meet the requirements of Polish law.
Visa and migration issues
For Ukrainians who plan to run their startup directly from Poland, it is important to deal with visa and migration issues.
Key aspects:
Obtaining a type D visa (national visa)
Applying for a temporary residence card
Possibility of obtaining a Pole's Card for persons with Polish roots
The lawyer's consultation service can provide you with up-to-date information on migration law and help you prepare the necessary documents.
Question
Is it possible to create a startup in Poland without having Polish citizenship?
Answer
Yes, it is quite possible to set up a startup in Poland without Polish citizenship. Polish law allows foreigners, including citizens of Ukraine, to establish and run a business in the country. However, there are certain peculiarities and additional requirements that need to be taken into account. For example, you may need to obtain a special identification number (PESEL or NIP) and a residence permit. In addition, some forms of business may require a local representative. To navigate this process, it is recommended to use the service of a legal opinion of a lawyer specializing in foreign business in Poland.
Tax aspects
Understanding the Polish tax system is critical to running a successful business. Startups should consider different types of taxes and possible benefits.
The main taxes for business in Poland:
- Corporate income tax (CIT);
- Value added tax (VAT);
- Personal income tax (PIT) for individual entrepreneurs;
- Social contributions.
The legal analysis service can help you develop an effective tax strategy for your startup, taking into account the specifics of your business.
Protection of intellectual property
For many startups, intellectual property is a key asset. Poland, as a member of the EU, has a developed system of intellectual property protection.
The main forms of protection are:
- Patents for inventions
- Registration of trademarks
- Copyright protection
- Protection of trade secrets
The legal opinion service can help you determine the best ways to protect your intellectual property in Poland and the EU.
Labor law
If your startup is planning to hire employees, it is important to understand the peculiarities of Polish labor law.
Key aspects:
Types of employment contracts
Minimum wage
Social guarantees for employees
Rules regarding working hours and vacations
A lawyer in Poland can provide you with detailed advice on labor law and help you avoid potential problems with employees.
Financing and investments
Access to financing is critical for most startups. Poland offers various opportunities to attract investment.
Sources of financing:
- Venture capital funds;
- Angel investors;
- Crowdfunding;
- EU and Polish government grants.
The legal due diligence service can help you evaluate various financing options and prepare the necessary legal documents for investors.
Question
What risks can arise in case of non-compliance with legal requirements when creating a startup in Poland?
Answer
Failure to comply with legal requirements when setting up a startup in Poland can lead to serious consequences. This may include fines, suspension of the company's activities, problems with the tax authorities, or even criminal liability in serious cases. For example, incorrect registration of a company may result in all transactions being considered invalid. Violation of the visa regime may result in deportation. Failure to comply with tax obligations may result in significant financial penalties. To avoid these risks, it is recommended to use the service of a lawyer online or a lawyer in Warsaw for professional advice and support at all stages of the creation and development of a startup.
Creating a startup in Poland opens up great opportunities for Ukrainian entrepreneurs, but requires a careful approach to legal aspects. From choosing an organizational and legal form to protecting intellectual property and attracting investments, each stage requires attention to detail and an understanding of local legislation. Ignoring the legal aspects can lead to serious problems, including financial losses, legal sanctions, and even business closure. Therefore, it is critical to approach the creation of a startup with proper legal support. The Legal Marketplace KONSULTANT offers a wide range of services, including the service of document review by a lawyer, the service of online lawyer and the service of written consultation, which can help you at every stage of your startup development in Poland. Remember that investing in high-quality legal support at the initial stages can save significant resources and ensure the stable development of your business in the future.
