Publication date: 19.08.2024
Opening a branch of a Ukrainian company in Poland: legal aspects
In today's globalized world, many Ukrainian entrepreneurs are considering expanding their business abroad, in particular to Poland. This process requires careful planning and consideration of many legal aspects. In this article, we will review the key points to consider when opening a branch of a Ukrainian company in Poland.
Legal forms of doing business in Poland
Before starting the process of opening a branch, it is important to understand what legal forms of doing business are available in Poland. Choosing the right form can have a significant impact on the success of your company.
The main forms of doing business in Poland:
- Limited liability company (sp. z o.o.)
- Joint Stock Company (S.A.)
- Branch of a foreign enterprise
- Representative office
To choose the optimal form, we recommend using the service of legal analysis of a situation. A qualified lawyer will help you evaluate all the advantages and disadvantages of each form, taking into account the specifics of your business.
Registration of a branch in Poland
The process of registering a branch of a Ukrainian company in Poland has its own peculiarities and requires careful preparation of documents.
The main stages of branch registration:
- Preparation of necessary documents
- Translation and notarization of documents
- Registration in the National Court Register (KRS)
- Obtaining a statistical number REGON
- Registration with the tax authority and obtaining a NIP
To successfully complete all stages of registration, we recommend using the service of legal analysis of the documents. This will help to avoid mistakes and speed up the registration process.
Tax aspects of a branch office
Understanding the Polish tax system is critical to running a successful business. Branches of foreign companies have their own taxation peculiarities.
Question
What are the main taxes to be paid by a branch of a Ukrainian company in Poland?
Answer
A branch of a Ukrainian company in Poland is obliged to pay corporate income tax (CIT), which is 19% of taxable income. In addition, the branch must pay value added tax (VAT), which is 23% for most goods and services. The branch is also obliged to pay social security contributions for its employees and other local taxes depending on the specifics of its activities. For a detailed understanding of tax obligations, it is recommended to seek the advice of an attorney specializing in Polish tax law.
Proper planning of the tax strategy can significantly affect the financial efficiency of your branch. Therefore, it is worth considering the possibility of obtaining a legal opinion on optimizing the tax burden.
Labor law and hiring of staff
When opening a branch in Poland, it is important to take into account the peculiarities of local labor legislation. This will help to avoid problems with employees and state authorities.
Key aspects of Polish labor law:
- Employment contract and its types
- Minimum wage
- Working hours and vacations
- Social insurance of employees
- Rules for dismissal of employees
For proper formalization of labor relations, it is recommended to use the service of legal analysis of the documents, in particular, employment contracts and internal regulations of the company.
Protection of intellectual property
Protecting intellectual property is an important aspect of doing business, especially if your company works with innovative technologies or unique products.
Registration of trademarks
Patenting of inventions
Copyright protection
Technology licensing
To effectively protect the intellectual property of your branch in Poland, it is recommended to seek the legal opinion of an attorney specializing in intellectual property issues.
Financial reporting and auditing
Branches of foreign companies in Poland are required to keep accounting records and submit financial statements in accordance with Polish law.
Main requirements for financial reporting:
- Maintaining accounting records in accordance with Polish standards
- Submission of annual financial statements
- Conducting an audit (for large enterprises)
- Submission of statistical reports
To ensure that your branch complies with all financial reporting requirements, it is recommended to consult a lawyer experienced in accounting and auditing in Poland.
Licensing and permits
Some activities in Poland require special licenses or permits. It is important to determine in advance whether your business requires such permits.
Question
Which business sectors in Poland require special licenses?
Answer
In Poland, special licenses or permits are required to operate in the following industries: banking, insurance, production and sale of alcoholic beverages, pharmaceuticals, telecommunications, transportation services, gambling and certain types of construction activities. In addition, certain professional services, such as legal, medical, or architectural, also require special permits or certifications. To obtain accurate information on the licensing requirements in your specific industry, it is recommended to seek written consultation from a lawyer specializing in Polish business law.
Obtaining the necessary licenses and permits in a timely manner is critical to operating a business legally. A lawyer in Poland can be extremely helpful in navigating the complex licensing process.
Opening a branch of a Ukrainian company in Poland is a complex process that requires careful planning and consideration of many legal aspects. Ignoring or improperly addressing legal issues can lead to serious problems, including financial penalties, problems with tax authorities, labor disputes, and even forced closure of the business. Therefore, it is crucial to approach this process responsibly and seek professional legal consultation at every stage. Legal marketplace CONSULTANT offers a wide range of services, including the online lawyer service, lawyer in Warsaw and the online attorney service, which will help you get qualified assistance at any time. Don't risk your business - contact professionals who will help you successfully start and run a business in Poland in compliance with all legal requirements.
