Publication date: 05.09.2024
Investment projects in Poland: legal support for Ukrainians
Poland has become an attractive destination for Ukrainian investors due to its stable economy, favorable geographical location and favorable business climate. However, the implementation of investment projects in another country requires careful legal support. Let us consider the key aspects that Ukrainian investors in Poland should pay attention to.
Choosing a form of business
Before starting an investment project, it is important to choose the optimal form of doing business. Polish law offers various options, each of which has its own advantages and peculiarities.
The main forms of doing business in Poland:
- Limited liability company (sp. z o.o.)
- Joint Stock Company (S.A.)
- Individual entrepreneur
- Limited partnership
- Representative office of a foreign company
The choice of the form depends on many factors, including the scale of investment, the scope of activity and long-term goals. The service of legal analysis of a situation will help to determine the most appropriate form for your project.
Question
What form of business is most popular among foreign investors in Poland?
Answer
The most popular form of doing business among foreign investors in Poland is a limited liability company (sp. z o.o.). This form is attractive to investors due to the relatively simple registration procedure, limited liability of shareholders and flexibility in management. In addition, the minimum authorized capital for a sp. z o.o. is only PLN 5000, which makes this form affordable for small and medium-sized businesses. The service of lawyer's consultation can provide detailed information on the advantages and peculiarities of this form of business.
Company registration and obtaining permits
The process of registering a company in Poland may seem complicated for foreign investors, especially due to the language barrier and differences in legislation.
The main stages of company registration:
- Preparation of constituent documents
- Obtaining a PESEL identification number (for individuals)
- Opening a bank account
- Registration in the National Court Register (KRS)
- Obtaining a NIP and REGON number
The verification of documents by a lawyer by a lawyer will ensure that all the necessary papers are correctly prepared, which will significantly speed up the registration process.
Taxation and accounting
Understanding the Polish taxation system is critical for a successful business. Foreign investors should be aware of the specifics of tax legislation and accounting requirements.
Key aspects of taxation in Poland:
- Corporate income tax (CIT)
- Value added tax (VAT)
- Personal income tax (PIT)
- Social contributions
- Real estate tax
The service of legal analysis of a situation will help to optimize the tax burden and avoid possible mistakes that may lead to fines.
Question
What benefits are available to foreign investors in Poland?
Answer
Poland offers a number of benefits for foreign investors aimed at stimulating economic development and creating new jobs. Among the most attractive are special economic zones (SEZs), where companies can receive income tax exemptions of up to 50% of their investments or payroll costs for the first two years. Grants from EU funds are also available for innovation and R&D projects. In addition, there are support programs for small and medium-sized businesses. A legal opinion of a lawyer can help determine which benefits are available for your specific investment project.
Labor law and recruitment
Attracting qualified employees is an important aspect of a successful investment project. Polish labor law has its own peculiarities that need to be taken into account when hiring staff.
Key aspects of labor law:
Types of employment contracts
Minimum wage
Working hours and vacations
Social insurance
Procedure for dismissal of employees
Legal document review service will help you to properly draft employment contracts and avoid potential conflicts with employees.
Protection of intellectual property
For many investment projects, especially in the field of technology and innovation, the protection of intellectual property is critical.
The main forms of intellectual property protection in Poland:
- Patents
- Trademarks
- Copyright
- Industrial designs
- Trade secrets
The legal opinion service will help you develop a strategy for protecting your intellectual property and avoid possible violations of third-party rights.
Dispute resolution and the judicial system
Even with careful planning, businesses can face various disputes. Understanding the Polish judicial system and alternative dispute resolution methods is important to protect your investment.
Methods of dispute resolution in Poland:
- Court proceedings
- Arbitration
- Mediation
- Negotiations
The online lawyer service can provide prompt advice on the best way to resolve a particular dispute.
Question
How long does a trial in commercial cases in Poland usually last?
Answer
The duration of commercial litigation in Poland can vary significantly depending on the complexity of the case and the workload of the court. On average, a commercial case in the first instance court can last from 6 to 18 months. However, if the case goes through all instances, including appeal and cassation, the total duration of the process can reach 2-3 years. That is why many companies prefer alternative dispute resolution methods, such as arbitration or mediation. The service of a lawyer in Poland can help to assess the prospects of litigation and offer the most effective dispute resolution strategy.
Exit from investments and liquidation of the company
Exit planning is an important part of any investment project. Sometimes it is also necessary to liquidate a company.
The main ways to exit an investment are:
- Sale of a share in the business
- IPO (initial public offering)
- Merger or acquisition
- Management buyout
The service of legal analysis of the documents will ensure the correct execution of all necessary documents when exiting an investment or liquidating a company.
Investing in Poland offers great opportunities for Ukrainian entrepreneurs, but requires careful legal support at all stages. From choosing a form of business to protecting intellectual property and resolving disputes, each aspect requires a professional approach. Neglecting legal aspects can lead to serious financial losses, reputational risks, and even criminal liability. Therefore, it is critical to take care of high-quality legal support for your investment project in advance. Legal marketplace CONSULTANT offers a wide range of services, including the service of a lawyer in Warsaw, the service of a lawyer online and the service of a written consultation. By contacting qualified specialists, you can minimize the risks and maximize the potential of your investment project in Poland. Remember that investing in legal support is an investment in the safety and success of your business.
