Publication date: 19.08.2024
General information on registering a branch in Poland
For Ukrainian companies seeking to expand their business to the Polish market, registering a branch may be the best solution. Before starting the registration process, it is recommended to have the documents checked by a lawyer to avoid possible mistakes and delays. A branch office in Poland allows you to operate on behalf of the parent company while maintaining a legal connection with the parent structure in Ukraine.
Main advantages of registering a branch in Poland:
- The ability to operate under the brand of a Ukrainian company
- Simplified procedure compared to registration of a new legal entity
- Ability to use the reputation and experience of the parent company
- Flexibility in management and financial reporting
It is important to understand that the process of registering a branch can be complicated and require a detailed legal analysis of documents. Therefore, many people seek legal advice to get professional help and avoid possible problems during the registration process. A qualified lawyer in Poland can provide the necessary support at every stage of the process.
Preparation of the necessary documents
The first step in the process of registering a branch of a Ukrainian company in Poland is to prepare all the necessary documents. It is recommended to conduct a legal analysis of the situation to determine which documents are required in your particular case. An experienced online lawyer can help you in this matter.
Key documents for registering a branch in Poland:
- Decision of the Ukrainian company to establish a branch in Poland
- Charter of the Ukrainian company and an extract from the register of enterprises of Ukraine
- Power of attorney for the representative of the branch in Poland
- Confirmation of the address of the branch in Poland
- Application for registration of the branch in the Polish business register (KRS)
After collecting all the necessary documents, you should get a legal opinion from a lawyer. This will help to identify possible deficiencies in the documentation and correct them in time, which will increase the chances of a quick registration of the branch. Professional legal analysis of the situation is a key factor in the success of registering a branch of a Ukrainian company in Poland.
Question
Is it necessary to translate all documents of a Ukrainian company into Polish?
Answer
Yes, all documents submitted for registration of a branch in Poland must be translated into Polish by a sworn translator. In addition, some documents may require additional legalization or apostille. For detailed written advice on the translation and legalization of documents in your specific case, we recommend that you contact a competent lawyer specializing in international business law. Such a specialist will be able to conduct a detailed analysis of the documents and provide a reasoned legal opinion on the necessary legalization and translation procedures.
Procedure for submitting documents for registration
After preparing all the necessary documents, the next step is to submit them for registration of the branch. Before submitting the documents, it is recommended to obtain a legal opinion on the completeness and correctness of the package of documents. This will help to avoid delays in the registration process and increase the chances of obtaining a positive decision as soon as possible. A qualified online lawyer can provide you with the necessary support in this matter.
The main steps in submitting documents:
Submitting an application for registration of a branch to the relevant registration court
Payment of the registration fee
Submission of additional documents (if required by the court)
Obtaining a court decision on the registration of the branch
Obtaining an extract from the Polish business register (KRS)
When submitting documents, it may be necessary to conduct an additional legal analysis of the situation or consult a lawyer in Warsaw. This is especially true if you have questions about the specific requirements of Polish law. A professional lawyer will help you to properly prepare and submit documents in accordance with the requirements of Polish law.
Peculiarities of a branch in Poland
After successfully registering a branch of a Ukrainian company in Poland, it is important to understand the specifics of its activities and legal status. For the effective functioning of the branch, it is recommended to seek legal advice from a qualified specialist. An experienced lawyer in Poland will be able to provide you with full information on all aspects of the branch's activities and help you avoid possible legal problems.
Key aspects of a branch office in Poland:
- Restrictions on the types of activities of the branch
- Peculiarities of taxation of a branch
- Requirements for accounting
- Rules for hiring employees in a branch
- Reporting of the branch to the Polish authorities
It is important to understand that the activities of the branch are subject to both Polish and Ukrainian legislation. In order to obtain up-to-date information on the legal aspects of the branch's activities, it is recommended to regularly seek written advice from a lawyer specializing in international business law.
Question
Can a branch be engaged in activities that differ from the activities of the parent company in Ukraine?
Answer
According to Polish law, a branch of a foreign company may only engage in activities that are carried out by the parent company in the country of registration. However, there may be certain nuances and exceptions. To obtain a detailed legal opinion on the possibilities of expanding or changing the activities of a branch, it is recommended to contact an international business law specialist. Such an expert will be able to conduct a legal analysis of the situation and provide reasonable recommendations on the optimal structure of your branch in Poland, taking into account the specifics of your business.
Financial aspects and reporting of the branch
Financial management and accounting of a branch of a Ukrainian company in Poland has its own peculiarities and requirements. Before starting active operations, it is recommended to conduct a detailed legal analysis of the situation in order to understand all financial and tax aspects. A qualified online lawyer can provide you with all the necessary information and assistance in this matter.
Key financial aspects of a branch office:
- Peculiarities of taxation of a branch in Poland
- Requirements for accounting and bookkeeping
- Transfer pricing rules
- Reporting to the Polish tax authorities
- Audit of the branch's activities
In order to properly conduct the financial activities and reporting of a branch office, it is recommended to regularly consult a lawyer. Professional assistance will help you avoid mistakes and potential problems with Polish regulatory authorities. An experienced online lawyer can provide you with support in all financial and tax aspects of your branch office in Poland.
Closing or reorganizing a branch office
In the course of business, it may become necessary to close or reorganize a branch of a Ukrainian company in Poland. These processes also have their own legal peculiarities and requirements. Before making a decision to close or reorganize a branch, it is recommended to obtain a legal opinion of a lawyer on all possible consequences and procedures.
Key aspects of closing or reorganizing a branch:
Procedure for liquidation of a branch in Poland
Possibilities of transforming a branch into a separate legal entity
Tax consequences of closing a branch
Solving labor issues during the closure of a branch
Transfer of assets and liabilities during reorganization
In order to successfully carry out the procedure of closing or reorganizing a branch, it is recommended to seek the assistance of a lawyer in Poland specializing in corporate law. Professional assistance will allow you to carry out all the necessary procedures in accordance with the requirements of Polish law and minimize possible risks. A qualified lawyer will be able to conduct a detailed analysis of the documents and provide you with all the necessary support at every stage of the process.
Registering and managing a branch of a Ukrainian company in Poland is a complex process that requires a deep understanding of both Polish and Ukrainian law, as well as attention to detail at every stage. Not only the successful registration of the branch, but also its effective operation in the future depends on the correctness of the documents and compliance with all legal requirements.
A qualitative legal analysis of the situation, a legal opinion of a lawyer and legal advice can significantly increase your chances of successfully registering and operating a branch in Poland, as well as help you avoid possible problems with Polish regulatory authorities. You should not risk your business by trying to save money on professional legal assistance. The service of a lawyer in Poland will become your reliable assistant in solving all legal issues related to the registration and operation of a branch of your Ukrainian company in Poland.
If you are planning to register a branch in Poland or have already encountered difficulties in this process, we recommend that you contact the legal marketplace KONSULTANT. Here you will find qualified specialists who specialize in international business law and have extensive experience in dealing with such issues. Entrust your business to professionals and take a confident step towards the successful expansion of your business to the Polish market.
