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Publication date: 19.08.2024
Vitaliy Kolomiets is an experienced lawyer specializing in assisting with obtaining residence permits and residence cards in Poland. He has in-depth knowledge of Polish law and many years of experience in migration matters. He has over 5 years of experience.
How to open a representative office of a foreign company in Poland?
A representative office of a foreign company in Poland is a branch of a foreign company established in Poland to represent the interests and support the activities of the parent company. It does not engage in commercial activities and does not generate income but performs various functions such as marketing, advertising, establishing business contacts, and promoting the products or services of the parent company.
If you want to conduct full-scale operations in Poland, you will need to open a branch. More on this in another article.
Who and how can open a company representative office in Poland?
To open a foreign representative office in Poland, you need to complete a series of required legal procedures.
First, it is important to understand that a representative office can be opened by a person authorized to act on behalf of the company. This does not necessarily have to be the director or an employee, and the nationality of the person does not matter.
Important. Often, when opening a representative office or branch of, for example, a Ukrainian company in Poland, Ukrainian citizens are employed. In this case, taxes are paid in Ukraine at lower rates than in Poland.
Once you have decided on the person who will open the representative office in Poland, you need to determine the goals and objectives of the office.
The main functions can include advertising, market analysis, product promotion, and establishing business contacts. Please note that the representative office cannot engage in commercial activities.
The following documents are required for the registration of a representative office:
- Application for registration, which must include basic information about the parent company and the purposes of the representative office;
- Founding documents of the parent company: articles of association, certificate of registration, extract from the company register;
- The decision of the parent company to establish a representative office in the form of meeting minutes or director's decision;
- Information about the head of the representative office - a copy of the passport, employment contract, or agreement;
- Address of the representative office in Poland, confirmed by a lease agreement or an address provision agreement.
The documents must be submitted to the Ministry of Development and Technology of Poland. During the registration process, after the submitted documents are verified, the representative office is entered into the register of foreign company representative offices. After that, the representative office receives official permission to operate. The process usually takes several weeks.
After registration and obtaining permission, you must:
Open a bank account for financial transactions;
Hire employees following the procedures for obtaining work permits;
Maintain accounting records and submit reports to tax authorities.
The representative office must comply with all local laws and regulations, including labor laws and occupational safety regulations, to avoid problems with local authorities and tax offices.
On the marketplace consultant.net.pl you can choose an experienced international lawyer who will explain all the details of opening and registering a representative office in Poland, help gather all the necessary documents, and guide you through each step. This will save you time and ensure legal business operations in compliance with Polish law, protecting you from unnecessary costs and fines.
