Publication date: 24.08.2024
Step-by-step guide: how to open an LLC in Poland
Starting a limited liability company (LLC) in Poland is an important step for many entrepreneurs looking to expand their business in the European market. This process requires careful preparation and knowledge of local legislation. In this article, we will review the main stages of setting up an LLC in Poland and provide useful tips for a successful start of your business.
Preparatory stage: collecting the necessary documents
Before starting the process of registering an LLC in Poland, it is important to collect all the necessary documents. This will help to avoid delays and ensure that all stages are completed quickly. The service of document review by a lawyer can greatly facilitate this process and save you time.
List of the main documents for opening an LLC:
- Passports of the company founders
- Certificate of no criminal record
- Confirmation of the address of the future office of the company
- The company's charter
- Application for company registration
- Documents confirming the contribution of the authorized capital
It is important to note that all documents must be translated into Polish and notarized. To ensure the correctness of the documents, it is recommended to use the service of legal analysis of the documents from an experienced lawyer.
Question
Is it possible to open an LLC in Poland without personal presence?
Answer
Yes, it is possible to open an LLC in Poland without the personal presence of the founders. To do this, you need to draw up a notarized power of attorney for a representative in Poland who will act on your behalf. However, it is worth noting that the legal analysis service can help you assess all the risks and benefits of this approach and ensure that all the necessary documents are properly executed.
Choosing a name and form of taxation
The next important step is to choose a name for your LLC and a form of taxation. The company name must be unique and comply with the requirements of Polish law. The legal opinion service can help you avoid mistakes when choosing a name and form of taxation.
The main requirements for the name of an LLC in Poland:
- The name must contain the words “Spółka z ograniczoną odpowiedzialnością” or the abbreviation “Sp. z o.o.”
- The name must not mislead as to the nature of the company's activities
- The name must not infringe the intellectual property rights of other companies
- The name must be unique and not similar to existing companies
As for the form of taxation, there are several options in Poland. The choice of the optimal form depends on the specifics of your business and the planned turnover. To make an informed decision, we recommend that you consult a lawyer specializing in Polish tax law.
Registration of the company with the state authorities
After preparing all the necessary documents and choosing a company name, the stage of registering a company with the Polish state authorities begins. The service of a lawyer in Poland can greatly simplify this process and ensure that all documents are properly executed.
The main stages of registration:
- Preparation of constituent documents
- Submission of an application for registration to the National Court Register (KRS)
- Obtaining a REGON number (statistical number)
- Obtaining a NIP number (tax identification number)
- Registration with the Social Security Institution (ZUS)
It is important to note that the registration process can take from 2 to 4 weeks. To speed up the process and avoid mistakes, it is recommended to use the service of legal analysis of the documents from an experienced lawyer in Poland.
Opening a bank account and depositing the authorized capital
After the successful incorporation of the company, you need to open a bank account and deposit the authorized capital. The minimum amount of authorized capital for an LLC in Poland is 5000 PLN. The service of a legal opinion of a lawyer can help you to properly prepare all the necessary documents for the bank.
Documents for opening a bank account:
Articles of Association of the company
Extract from the National Court Register
Documents confirming the identity of the founders and director of the company
Decision on the appointment of the company director
Signature samples of authorized persons
To ensure the correctness of the documents and avoid possible problems with the bank, we recommend using the legal analysis service from an experienced lawyer.
Question
What are the consequences if the authorized capital is not paid in time?
Answer
Failure to deposit the authorized capital within the prescribed period can lead to serious consequences for the company, including fines, restrictions on activities and even liquidation of the LLC. In addition, it may negatively affect the reputation of the company and its founders. To avoid such problems, it is recommended to use the service of a lawyer who will help you properly plan the financial aspects of setting up a company and ensure timely contribution of the authorized capital.
Obtaining the necessary licenses and permits
Depending on the field of activity of your LLC, it may be necessary to obtain additional licenses and permits. This is especially true for industries such as finance, construction, transportation, and food processing. The service of a lawyer in Warsaw can provide you with detailed information about the necessary licenses and permits for your business.
Steps to obtain licenses:
- Determining the necessary licenses for your business
- Preparation of documents for application
- Submitting an application to the relevant authority
- Passing checks and inspections (if necessary)
- Obtaining a license
- Registration of the license with the state authorities
In order to correctly determine the necessary licenses and efficiently complete the procedure for obtaining them, it is recommended to use the service of legal analysis of a situation from an experienced lawyer in Poland.
Hiring staff and organizing the workflow
After completing all the formalities with the company registration, the stage of hiring staff and organizing the workflow comes. It is important to comply with Polish labor law and ensure comfortable working conditions for employees. The online lawyer service can provide you with all the necessary information on Polish labor law.
The main aspects of hiring staff in Poland:
- Conclusion of employment contracts
- Registration of employees in the social insurance system
- Ensuring occupational safety and health
- Compliance with working hours and rest periods
- Organization of the remuneration system
- Ensuring equal opportunities and non-discrimination
In order to avoid possible problems with labor law, it is recommended to use the service of written consultation from a lawyer specializing in Polish labor law.
Bookkeeping and reporting
Proper accounting and timely filing of reports are critical for the successful operation of an LLC in Poland. Failure to comply with these requirements can lead to serious fines and problems with the tax authorities. The online lawyer service can provide you with all the information you need regarding the accounting and reporting requirements in Poland.
The main aspects of accounting and reporting:
- Choosing the method of accounting
- Organization of an internal control system
- Preparation and presentation of financial statements
- Maintaining tax records and filing tax returns
- Storage of accounting documents
To ensure the correctness of accounting and timely submission of reports, it is recommended to use the services of a professional accountant or an outsourcing company.
Opening an LLC in Poland is a complicated but quite feasible process that opens up wide opportunities for business development in the European market. By following all the steps described in this article and using professional legal support, you will be able to successfully start your business in Poland. Remember that the right approach to setting up a company and compliance with all legal requirements is the key to a successful start and further development of your business.
If you don't pay enough attention to the legal aspects of opening an LLC in Poland, it can lead to serious problems in the future. You may face fines, business restrictions, or even liquidation of the company. In addition, improperly executed documents can lead to delays in registration and start of operations, which can negatively affect your business plans and financial results.
In order to avoid these risks and ensure a successful start of your business in Poland, we recommend that you contact the legal marketplace KONSULTANT. Here you will be able to get professional legal consultation at all stages of setting up and developing your LLC. Experienced lawyers and attorneys will provide you with a legal opinion, conduct a detailed analysis of documents and help you resolve any legal issues related to starting and running a business in Poland. Do not risk your business - entrust legal issues to professionals and focus on the development of your company.
