Publication date: 25.08.2024
Legal opinion on starting a business by Ukrainians in Poland
Starting a business in Poland is an attractive opportunity for Ukrainians to develop their business activities in the European Union. Poland offers favourable conditions for business, including access to a large market, state support and a stable legal environment. However, the process of starting a business in Poland requires a deep understanding of the legal aspects, preparation of the necessary documents and compliance with all legal requirements. In this article, we will look at the main stages of starting a business in Poland, legal requirements and recommendations for the successful launch of your business.
Determining the legal status of the business
The first step to starting a business in Poland is to determine the legal status of your company. This includes choosing a legal form of business, assessing capital requirements, and analysing the possibilities of obtaining relevant permits and licences. Choosing the right form of business allows you to avoid possible problems in the future and ensure that all actions comply with the requirements of Polish law. A legal analysis of the situation helps to understand what documents need to be prepared and what procedures to go through to register a business in Poland.
Preparing for a legal analysis
- Choosing a legal form of business: One of the key points is the choice of a legal form of business. It can be a sole proprietorship (Działalność gospodarcza), a limited liability company (Spółka z o.o.), a joint-stock company (Spółka akcyjna) or another form that best suits your business needs.
- Preparation of constituent documents: To register a business in Poland, you need to prepare the relevant constituent documents, such as the company's articles of association, memorandum of association, documents appointing directors and other important papers.
- Checking the availability of a trade mark and name: A lawyer will help you to check the uniqueness of the chosen name of your business and register a trademark to avoid violations of intellectual property rights.
- Legal analysis of documents: A lawyer will thoroughly check all documents for compliance with Polish law to ensure that they are correct and complete before submitting them for registration.
The role of a lawyer in the process
Legal advice: The lawyer provides comprehensive information on legal requirements, obligations and possible risks, and helps to develop a strategy for the successful opening of a business in Poland.
Legal analysis of the situation: The lawyer analyses the legal aspects of starting a business, identifies potential problems and develops an action plan to eliminate them.
Legal review of documents: The lawyer checks all documents for compliance with legal requirements, identifies possible shortcomings and suggests ways to eliminate them.
Legal opinion: After the legal analysis, the lawyer prepares a legal opinion containing recommendations for further actions to start a business in Poland.
Checking documents by a lawyer
One of the most important steps in preparing for starting a business is to have your documents reviewed by a lawyer. This allows you to identify possible problems that may arise during the business registration process and ensure that all documents comply with the requirements of Polish law. The document review includes:
- Analysis of documents: The lawyer checks each document to ensure that it complies with the requirements of Polish law, that all details are filled in correctly, and that the required signatures and seals are present.
- Detection of errors: In case of errors or deficiencies, the lawyer recommends ways to eliminate them and ensures the preparation of new documents.
- Ensuring the completeness of the package of documents: The lawyer checks whether all the necessary documents have been collected and are properly executed to avoid possible delays or refusals in business registration.
Preparation of a legal opinion
After a comprehensive legal analysis of the documents and the situation in general, the lawyer prepares a legal opinion. This document contains an assessment of the possible risks associated with starting a business in Poland and ways to minimise them, as well as recommendations for further action. A legal opinion is an important step in preparing for starting a business, as it ensures that all actions are in compliance with the requirements of Polish law.
Solving problems with documents
When preparing documents for starting a business, various problems often arise, such as errors in official documents, insufficient number of required papers or their non-compliance with the requirements of the registration authorities. A lawyer provides a written consultation in which he or she describes in detail the possible solutions to such problems, including:
- Correction of errors: In case of errors, the lawyer helps to eliminate them and ensures that new documents are properly prepared.
- Obtaining additional documents: If the necessary documents are missing, the lawyer helps to collect them or prepare applications for their receipt in the relevant authorities.
- Legal support in dealing with state authorities: The lawyer represents the client's interests in dealing with Polish state authorities, ensuring that all necessary documents are prepared correctly and in a timely manner.
Obtaining the necessary permits and approvals
In the process of starting a business in Poland, additional requirements for obtaining permits and approvals may arise. A lawyer helps to determine which permits are required and develops a strategy for obtaining them. This may include:
- Governmental approvals: A lawyer helps to obtain the necessary approvals from Polish governmental institutions to ensure that the business complies with the law.
- Obtaining licences: Depending on the type of business activity, special licences may be required, which the lawyer helps to obtain.
- Other permits: A lawyer can help you obtain additional permits or approvals necessary to legally conduct business in Poland.
Resolving disputes related to starting a business
The process of starting a business in Poland may be accompanied by disputes with state authorities that require legal support. A lawyer helps to resolve such disputes at various stages of the process, including:
- Negotiations with state authorities: A lawyer can represent the client's interests in negotiations with state authorities, which allows avoiding conflicts and resolving disputes without involving the court.
- Mediation: If the parties cannot come to an agreement, a lawyer can suggest mediation as a way to resolve the conflict without litigation.
- Litigation: If all other methods have been exhausted, a lawyer represents the client's interests in court, ensuring the protection of their rights and interests.
Consultations and support at all stages of the process
The lawyer provides advice and support at all stages of the process of starting a business in Poland. This includes:
- Consultations on the collection of documents: The lawyer helps to determine which documents are required and how to prepare them correctly.
- Legal support during the application process: The lawyer supervises the process of filing an application for registration, interacts with the authorities and ensures that the case is handled correctly and in a timely manner.
- Advice on obtaining licences: The lawyer helps to obtain all necessary licences and approvals, which ensures that the business complies with the requirements of Polish law.
Legal support in court proceedings
If litigation arises in the process of starting a business, the lawyer provides legal support in court. This includes:
- Preparation of documents: The lawyer prepares all the necessary documents for submission to the court and ensures that they meet the requirements of the court process.
- Representation in court: The lawyer represents the client's interests during court hearings, ensuring the protection of his or her rights.
- Appealing decisions: If necessary, a lawyer can file an appeal or challenge a decision of a higher court.
Questions and answers
Question.
What are the main stages of starting a business in Poland for Ukrainians?
Answer.
The main stages of starting a business in Poland are choosing a legal form of business, preparing constituent documents, checking the availability of a trademark and name, applying for registration with the relevant authorities, and obtaining the necessary licences and permits to conduct business. Engaging a lawyer helps to avoid potential mistakes and ensures a successful business start-up.
Starting a business in Poland is a favourable solution for Ukrainian entrepreneurs who wish to develop their business in the European market. This process, although quite straightforward, requires attention to detail and compliance with all legal requirements. With the help of a lawyer, you can avoid potential problems and ensure a successful business start-up. Legal analysis of documents, verification of documents by a lawyer, legal analysis of the situation and legal advice from a lawyer allow you to ensure that the process complies with the requirements of Polish law and that the client's interests are properly protected at every stage of starting a business in Poland.
