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How to legally protect a foreign business in Poland

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Consultant # 60
Consultant # 60
Lawyer
Poland / Lodz`

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Publication date: 13.11.2024

How to legally protect a foreign business in Poland 

The growing number of foreign investments in Poland is accompanied by the importance of ensuring legal protection for foreign businesses. Understanding the legal aspects, including the verification of documents by a lawyer, legal analysis of documents, legal analysis of the situation and advice from a lawyer, is crucial to ensure the success of business in Poland. This article highlights the main steps and measures that will help foreign entrepreneurs protect their interests on the Polish market. 

Key aspects of legal protection of foreign business in Poland 

Legal protection of foreign business covers several important aspects: protection of property rights, enforcement of contractual obligations, compliance with local laws, and avoidance of double taxation. Legal review of documents by a lawyer, legal analysis of documents and legal analysis of the situation will help ensure the safety and stability of the business. 

  1. Choosing the best legal form of business. In Poland, foreign investors can choose between different legal forms of businesses, such as a limited liability company (Sp. z o.o.), a joint-stock company or a representative office. Legal advice will help you choose the best form according to your business model and financial goals. 
  2. Company registration and necessary documents. The first step to operating legally is to register a company in the National Court Register (KRS). This involves submitting constituent documents, a charter and other official papers. Having the documents checked by a lawyer helps to avoid mistakes and ensure full compliance with the law. 
  3. Compliance with tax legislation. Poland has specific tax requirements for foreign entrepreneurs. Legal analysis of documents and legal advice will allow you to assess the possibility of avoiding double taxation and ensure compliance with local tax regulations. 

The importance of legal support in Poland 

Engaging an experienced lawyer is critical to protecting the interests of foreign businesses. Professional legal support helps to avoid risks, comply with local rules and regulations, and respond to any legal challenges in a timely manner. A legal analysis of the situation, written advice and a legal opinion from a lawyer will help to identify risks in a timely manner and effectively address them. 

  • Checking the compliance of legal documents. Each document used in business activities should be carefully checked by a lawyer to avoid possible risks. 
  • Online legal advice. Lawyers often provide consultations online, which allows you to quickly get legal assistance from anywhere in the world. 
  • Legal analysis of contracts. Contractual documentation is the basis for ensuring the legal security of a business, so its analysis is extremely important. 

Peculiarities of intellectual property protection in Poland 

Protection of intellectual property is an important aspect for every business. Polish law provides for the registration of trademarks, patents and copyrights to ensure the exclusive rights of owners. Legal analysis of documents and legal opinion of a lawyer will ensure legal compliance of documents and protection of business intellectual property. 

  1. Trademark registration. Registration of a brand or logo provides an exclusive right to use it. Legal advice will help with the preparation of documents for filing a registration application. 
  2. Registration of patents and copyrights. To protect technologies and copyrighted works, it is necessary to apply for the relevant rights. A lawyer's review of the documents ensures that they are properly prepared. 
  3. Legal analysis of the situation to avoid violations. Protecting intellectual property requires avoiding violations of the rights of other companies. A legal analysis of the situation will help prevent possible lawsuits. 

Protecting business from fraud and unfair competition 

Foreign businesses may face various risks associated with fraud or unfair competition. Legal support and regular due diligence of partners can help minimise these risks. A written consultation with a lawyer will allow you to assess threats and identify measures to prevent them. 

  • Control over financial transactions. A lawyer will help ensure the legal purity of financial transactions to avoid fraud. 
  • Analysis of market conditions to avoid unfair competition. The legal opinion of a lawyer will help to identify potential threats in the market. 
  • Legal analysis of documents to ensure compliance with contracts. Checking documents will ensure that there is no risk of breach of contract. 

Legal protection of labour relations 

Labour relations are an important component of the safe operation of a foreign business. Polish labour law provides for various requirements that companies must comply with. Legal advice will help you clarify all the details of labour relations and ensure the protection of the rights of both employers and employees. 

  1. Execution of employment contracts. Correct execution of contracts is the key to stable relations with employees. A written consultation will allow you to prepare documents in accordance with Polish law. 
  2. Resolving labour disputes. Labour disputes can have significant consequences for a company. A legal opinion from a lawyer will ensure that conflicts are resolved correctly. 
  3. Ensuring labour protection. The company is obliged to comply with labour protection standards and ensure safe working conditions. A legal analysis of the situation will help to implement the necessary safety measures. 

Legal support to avoid tax risks 

Tax risks are an important aspect for foreign businesses. The right approach to taxation will help you avoid fines and penalties, as well as optimise your costs. Legal analysis of documents and legal analysis of the situation will help you build an effective tax strategy. 

  • Avoidance of double taxation. The use of international tax treaties can reduce the tax burden. Online legal advice will ensure the optimal use of such agreements. 
  • Compliance with local tax laws. Document review will help you comply with the requirements of the Polish Tax Code. 
  • Legal analysis of tax risks. Analysis of tax liabilities will help prevent possible violations. 

Questions. 

Do I need to register a foreign company in Poland to do business? 

Answer. 

Yes, to operate legally, a foreign company must register a legal entity in Poland or open a representative office. This will ensure legal status and allow you to comply with the requirements of Polish law. Legal analysis of documents and legal advice will help you determine the best registration option for your company. 

 

Verification of documents by a lawyer. All documents are checked to ensure compliance with Polish law. 

 

Online legal advice. An online consultation with an experienced lawyer in Poland will help you quickly obtain the necessary information. 

 

Legal analysis of documents. A lawyer will provide a detailed analysis of documents to avoid legal risks. 

 

Legal opinion of a lawyer. An official opinion from a lawyer to confirm the legality of business activities. 

Conclusion. 

Protecting a foreign business in Poland requires a comprehensive approach and careful compliance with legal requirements. Legal support, including document verification, legal advice, legal analysis of the situation and legal opinions, will minimise risks and ensure stable operation of the company in the Polish market. Engaging an experienced lawyer in Warsaw or Poland is an important step to ensure the safety and success of your business. 

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