Starting a business in Poland is becoming increasingly attractive for Ukrainian entrepreneurs. One of the most popular forms of doing business is a limited liability company (sp. z o.o.). This type of company offers certain advantages, such as limited liability of the shareholders and flexibility in management. However, the process of registering such a company requires careful preparation and compliance with all legal requirements. Let's take a look at the main stages of this process and how professional legal assistance can simplify it.
Preparatory stage: choosing a name and determining the authorized capital
Before starting the registration procedure, you need to decide on the name of the company and the amount of the authorized capital. Choosing a name is an important step, as it must be unique and comply with the requirements of Polish law. To avoid potential problems, it is recommended to have the documents checked by a lawyer. This will help ensure compliance with all requirements.
Key aspects of choosing a name and determining the authorized capital:
- Checking the uniqueness of the name in the company register
- Compliance of the name with the requirements of Polish law
- Determination of the minimum amount of the authorized capital (5000 PLN)
- Distribution of shares among the company's shareholders
A detailed legal analysis of the documents at this stage can help to avoid common mistakes and ensure that all the necessary papers are correctly executed.
Preparation of constituent documents
The next important step is to prepare the company's constituent documents. The main document is the charter, which defines the management structure, rights and obligations of the shareholders, as well as other important aspects of the company's activities. A thorough legal analysis of the documents by an experienced lawyer will help to develop a charter that meets all the requirements of Polish law and protects the interests of the founders.
Key elements of the company's articles of association:
Full name and legal address of the company
The subject of the company's activity
Size of the authorized capital and distribution of shares
Management structure and powers of the company's bodies
Rules for making decisions and holding shareholders' meetings
A qualified lawyer in Poland can provide professional assistance in drafting the articles of association and other necessary documents, ensuring their compliance with all legal requirements.
Notarization of documents
After preparing all the necessary documents, the next step is to notarize them. This step is mandatory for registering a limited liability company in Poland. The notarization procedure requires the personal presence of all founders or their authorized representatives.
Question
Is it possible to notarize documents without personal presence in Poland?
Answer
Although personal presence is preferable, Polish law allows notarization of documents through an authorized representative by power of attorney. However, this power of attorney must be properly executed and legalized. A comprehensive legal analysis of the situation by a lawyer will help determine the best way to proceed in your particular case.
It is important to note that a notary not only certifies signatures but also verifies the legality and completeness of documents. Therefore, a preliminary legal analysis of the situation before notarization can significantly speed up the process and avoid possible delays.
Submission of documents to the court
After the notarization of the documents, the next step is to submit them to the relevant court for registration of the company. This stage requires careful preparation and knowledge of procedural nuances. A detailed legal opinion from a lawyer can be extremely helpful in ensuring that the documents submitted are correct and complete.
List of documents that are usually submitted to the court:
- Notarized charter of the company
- Application for company registration
- List of company shareholders
- Proof of payment of the court fee
- Signature samples of the board members
A competent online lawyer can assist in the preparation and verification of all necessary documents, as well as represent the founders' interests in court, if necessary.
Obtaining a KRS number and registration with other authorities
After successful registration with the court, the company receives a unique KRS (Krajowy Rejestr Sądowy) number. This number is a confirmation of the company's official registration. However, the company formation process does not end there. It is also necessary to register with the tax authorities, social security authorities and other relevant institutions.
The main registration procedures after obtaining the KRS number are:
- Register with the tax office and obtain a NIP (tax identification number)
- Registration with the social security office (ZUS)
- Opening a company bank account
- Obtaining a REGON statistical number
An experienced lawyer in Warsaw can provide comprehensive support at all stages of registration, ensuring that all necessary procedures are carried out correctly and in a timely manner.
Additional steps and peculiarities of the process
It is important to understand that the process of registering a limited liability company may have its own peculiarities depending on the specific situation. For example, if there are foreign citizens or companies among the founders, additional documentation or legalization of certain documents may be required. Individual written advice from an experienced lawyer can help to anticipate and resolve potential problems.
Additional aspects to consider:
The need to obtain permits or licenses for certain types of activities
Peculiarities of taxation and reporting for a newly established company
Possible restrictions for foreign investors in certain industries
Requirements for the minimum number of employees or the availability of an office
A thorough legal opinion from a lawyer can be invaluable in understanding all the nuances of the process and ensuring that your business fully complies with all the requirements of Polish law.
Registering a limited liability company in Poland is a complex process that requires attention to detail and a deep understanding of Polish law. From choosing a company name to obtaining all the necessary registration numbers, each stage has its own peculiarities and potential pitfalls. Professional legal support at each stage can significantly simplify the process, save time and avoid costly mistakes. A thorough analysis of documents, comprehensive legal analysis and consultations with experienced lawyers can be the key to a successful start of your business in Poland. If you are planning to register a limited liability company in Poland, do not underestimate the importance of professional legal support. Contacting the specialists at the legal marketplace KONSULTANT will help you get comprehensive support and ensure that all stages of registration are completed correctly. Do not risk your business - trust the experience of professionals for a quick and hassle-free start of your company in Poland. Qualified legal advice and a professional legal opinion will help you start your business in a new country with confidence.
