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Business setup in Poland


jaani 1 | -  
10 Aug 2009 /  #1
Hi All,

I am Pakistani national and would like to start a business in Poland. Could someone please help me out about the procedures and other formalities? I am ready to become a partner as well and can buy a running business if available. Could someone please let me know about the rules and regulations about starting a business in Poland, cost of starting a business and how long it will take to setup a new company.

I would appreciate your help in this regard.

Thanks in Advance
gregor - | 38  
11 Aug 2009 /  #2
Hi,

a choice of the legal form for doing business in Poland depends on it, what kind of business activity you would like to conduct (size, character). The polish legal system provides many legal forms you can choice. Your legal status in Poland is also importent i.e. whether you have a residence permission in Poland or in another country of the European Union. If not, you can conduct your business activity in Poland only in specified legal forms, for exemple in form of Ltd (limited company).

The most popular form ist setting up a new limited company. It takes about 1 month and costs not much (5,000 PLN share capital and costs of setting up of a company - about 10,000 PLN - notary costs, lawyer costs, administrative costs). For this purpose you need to draw up the articles of incorporation in form of a notarial deed. Then the company has to be registered by the register court and by the Internal Revenue Service as well by statistic office.

You can also buy an already existed company but it costs more. In this case you have to pay for the transaction of purchasing a company.

If you need any further information contact me. I can assist you by setting up a company and any further procedures.

gregor
USA Wilk - | 1  
11 Aug 2009 /  #3
I've read some varying posts on this subject and would like some clarification myself.

First, as a non-EU national - an American to be precise, I would like to set up a business in Poland. I would prefer not to start as LLC or equivalent and as the laws have changed this year, I have been told the process is much easier.

The office in the city I live in told me to fill in a certain form and then it gets forwarded to the Ministry of Foreign Affarirs. Once permission has been granted, I recieve my REGON # and its all cake n ice cream after that.

What does a Yank need to start a regular Sole Proprietorship in Poland?
Sury 3 | 18  
11 Aug 2009 /  #4
Hi what kind of business you looking to start or buy ? i have a business which i started last year and am considering getting a partner or renting the one of the floors to someone who wants to start a business. I can help with all the paperwork, it's not a problem as i had to do this for myself last year. You can email me if your interested suryhalai@aol.com
gregor - | 38  
12 Aug 2009 /  #5
USA Wilk
The status of the American people is in Poland special because of the trade treaty made between Poland and the USA. Under treaty the American people may conduct business activity in Poland as Sole Proprietorship after obtaining the permission from the Ministry of Foreign Affarirs. In practice it's not problem. After this you need to be registered by the Internal Revenue Service (NIP) as well as by statistic office (REGON).

For people who are not EU - national and coming from countries with that Poland has no special trade treaty the situation is worse. They may conduct business activity only in the form of limited partnership, Ltd., limited - joint stock company, joint stock company. The other legal forms are forbidden unless that somebody has a special residence status in Poland or in a another EU - country.
oneinneed  
14 Aug 2009 /  #6
Ok I am from the USA and i am looking to start up a company in Poland and seeing as how i am not a citizen and i do not have a residency card, I would like to know how i would need to go about handling it, what all i would need to do, what would be all cost and how long would it take? So if someone could give me all accurate answers for this then i would be very thankful. Here is my email or you can just repost on the forum. rayshodr@yahoo thank you.
aphrodisiac 11 | 2,442  
14 Aug 2009 /  #7
So if someone could give me all accurate answers for this then i would be very thankful.

do a search on this site, there are many threads
delphiandomine 88 | 18,455  
14 Aug 2009 /  #8
Ok I am from the USA and i am looking to start up a company in Poland and seeing as how i am not a citizen and i do not have a residency card, I would like to know how i would need to go about handling it, what all i would need to do, what would be all cost and how long would it take?

Are you in Poland at the moment and have you been here for more than 45 days?

If so, forget it.
oneinneed  
14 Aug 2009 /  #9
yes im in poland and no i have not been here more than 45 days but pretty close to it. 43 days.
delphiandomine 88 | 18,455  
14 Aug 2009 /  #10
Then you're in trouble. You *have* to apply for the residence permit within 45 days - and seeing as you'll be on 46 days by Monday, you'll be out of time, even if you start a business here. You might be able to get away with it if you apply on Monday, but it's not a given as the regulations explictly say 45 days.

You'll have to leave the Schengen zone and re-enter after the 180th day of your first entry and proceed from there. Border runs won't work - you have to make sure that you comply with the terms of the Schengen stamp, which is 90 days access out of every 180.
oneinneed  
14 Aug 2009 /  #11
Well i was not aware that i needed to apply for residency within the first 45 days, i never even heard of this, so is it not possible to get residency? and i was told that they mainly give residency if you are here for a job or here for studies, but im here to try and open a business, but still i did not know this what you just said, and i also didnt know that you had to be out of the Schengen zone for 180 days before coming back for another 90, i thought you could just leave for a few days and be back, because i know a few people who have done this. so explain to me how i can make this work? because i want to open a company, nothing big it will be bases online with popular polish websites, and my own website which is a polish one as well. so what do i need to do?
greenpoint  
15 Aug 2009 /  #12
Gregor, I wanna talk to u about setting up LLC in Poland, I need some assistance. Can u e-mail me at liveingreenpoint@gmail

Can I open a branch office of my US buisiness in Polnad ? how does it work?
bolek 6 | 330  
15 Aug 2009 /  #13
What does a Yank need to start a regular Sole Proprietorship in Poland?

My advice is to think it out before attempting to start a business in Poland, lost of red tape and locals do not like foreigners, they will always opt in supporting a local.

sorry
Lodz_The_Boat 32 | 1,535  
15 Aug 2009 /  #14
It is an issue. Bolek might be right...

However, if the foreighner is something more exotic... as though a Persian, Arab or Indian... then perhaps it can work. Because I have noticed it to ignite interest.

Rest is ofcourse luck and hard work. Be sure about that.
delphiandomine 88 | 18,455  
15 Aug 2009 /  #15
Well i was not aware that i needed to apply for residency within the first 45 days, i never even heard of this, so is it not possible to get residency?

Not now. You have to start the process within 45 days, so you're out of time.

and i was told that they mainly give residency if you are here for a job or here for studies, but im here to try and open a business, but still i did not know this what you just said, and i also didnt know that you had to be out of the Schengen zone for 180 days before coming back for another 90, i thought you could just leave for a few days and be back, because i know a few people who have done this. so explain to me how i can make this work?

You can't make it work now, unless you gain residency in another Schengen country.

Essentially, with Schengen, you can be in the zone for a maximum of 90 days out of every 180 day period. Doesn't matter which 90 days (you can live alternate weeks in Poland and Ukraine for instance) - but you're strictly limited to 90 days stay out of every 180 day period since your first entry.

Leaving for a few days doesn't work anymore. You used to be able to simply hop across the border, but the rules changed with Schengen which makes it significantly tougher for non-EU citizens. You can try it, but you'll still be technically illegal and run the very real risk of being denied entry at the border. They check my passport thoroughly (and I'm EU) - so they're bound to check yours much much closer.

because i want to open a company, nothing big it will be bases online with popular polish websites, and my own website which is a polish one as well. so what do i need to do?

You need to sort out the residency situation first. Because you're over the 45 day limit, you won't be able to start a business - really, you should have done this when you first came to Poland. Unfortunately, you'll have to return home for 4.5 months.

Whatever you do, don't overstay.
Wroclaw Boy  
15 Aug 2009 /  #16
My advice is to think it out before attempting to start a business in Poland, lost of red tape and locals do not like foreigners, they will always opt in supporting a local.

Shut up man you dont even know what type of business he intends on venturing. i dont think its a Polski Sklep some how.

News flash: Tesco's and Castorama are English companies, dont see the local community complaing about them, do you?
Aqualens - | 2  
16 Aug 2009 /  #17
Do you know any contacts that can establisg an Sp zoo in szczecin ..

Accountant or Solicitors?

Rgds Henrik Siemsen
bolek 6 | 330  
17 Aug 2009 /  #18
Shut up man you dont even know what type of business he intends on venturing. i dont think its a Polski Sklep some how.

lol... you obviously don't know what you are talking about.. take off your pink tinted glasses.
Harry  
17 Aug 2009 /  #19
You have to start the process within 45 days, so you're out of time.

That isn't strictly speaking true. 45 is actually the number of days within which the foreigners office are required to issue a decision as to whether or not they will grant you a residency permit. It is possible for them to issue the decision sooner but their ability to do so will depend on how busy they are. So if you want to be sure that you won't have to leave Poland, you need to get your application in with at least 45 days left on your 90-day tourist visa
delphiandomine 88 | 18,455  
17 Aug 2009 /  #20
I seem to recall that in theory, there's a possibility of extending the visa-free period if you're awaiting a decision...am I speaking bollocks, or is this true?
Harry  
17 Aug 2009 /  #21
I don't know about that. I do know that I once went three weeks without having a TRC because it was being printed but my old one had expired. Apparently the law requires them to issue a decision within 45 days (it was 30 days once) but they are under no obligation to get you the actual card within that time.
zeco  
17 Aug 2009 /  #22
hi i am intrested in starting a business i like to know the location you station please E mail me bit more information i might be intrested in thanks
gregor - | 38  
18 Aug 2009 /  #23
Aqualens
Hello Henrik,

I'm legal adviser for foreign firms in Poland. Contact me please under: gregor_gajda@web.de

Gregor
BRESLAU FINANCE - | 9  
21 Aug 2009 /  #24
gregor- about 10,000 PLN - notary costs, lawyer costs, administrative costs

Love the price...It's 5 000 PLN actually (in Wroclaw) and that's already pushing it, but hey I have seen foreigners fork out 5k Euro for it so I guess it depends on how gullible you are.

BreslauBart
gregor - | 38  
21 Aug 2009 /  #25
BRESLAU FINANCE
I think it depends on quality of the services.

I suppose that you had never to do with it...
Wroclaw Boy  
22 Aug 2009 /  #26
Ohh come on you could have just Randomed the Jewish part that was a relevant post.
misskend  
22 Aug 2009 /  #27
Hello Jaani

Firstly - I am laughing and a bit shocked at some of the negative opinions on the site - i.e Bolek - things are never that black and white, ever.

I am a foreigner and set up a business here in Poland 3 years ago - I have had ups and downs, but don't attribute any of this to being a foreigner, more to the reality of business. Its complicated setting up a business abroad and in a country that you don't speak the language, its part of the challenge. Its not impossible and I have had three very worthwhile years.

In my opinion Poland is a bureaucratic and there is alot of procedure but in general when you have the right advice its very easy and straight forward - the system is being updated and upgraded all the time and in the 3 years I have been here I have noticed many positive changes. Language will be your biggest issue so its important that you hire someone from the start who is Polish and will represent you.

As a foreigner you may be charged more than locals - I think that is fair to say about any country and I am sure foreigners in Pakistan have the same problems. So be aware and make sure you hire a local who will check things out on your behalf, you can pick a polish name for the company and then no one has to know you are a foreigner. As to hiring someone - the Poles are exceptionally well educated and there are so many honest, hard working people who speak fluent english or more languages and are out there looking for work. There are issues with employing someone directly to your company, high tax rates that the employee does not really benefit from, but again there are ways around this and a good lawyer will set you straight. You can get an employee to setup their own company and then you can contract them to work for your company. This usually works out best for the company but in my opinion its the best way to do things and means you can pay the employee more - the employment tax - health e.t.c is complicated and costly so make sure you get good legal advice and are fully aware of all the issues involved relating to employees. Again put in the groundwork and you will not go wrong.

The Polish banking legal and accountancy system is conservative, well organised and safe for business. Its very open to foreigners, so have no fears, but do your research and be careful who you get involved with. The same way you would be at home or abroad.

If you require any direct contacts for legal advice particularly in Poznan I would be happy to recommend an honest and reliable lawyer.

Good luck with it all, I have had three very happy and successful years in Poland, obviously its been a learning curve as it is in any country with any business but in general I have really enjoyed doing business here and the positives are greater than the negatives.

All the best

MKD
bolek 6 | 330  
23 Aug 2009 /  #28
Firstly - I am laughing and a bit shocked at some of the negative opinions on the site - i.e Bolek - things are never that black and white, ever.

Best be shocked now than face the reality of real Polish life. Doing business in the US is so much easier than in Poland. If you like the people and life style it may be something which you can get used to. I've know many Poles who have lost everything over setting up a business. A multi national company is treated differently than a sole trader setting up a business.

misskend, nice to have made you laugh sorry to have shocked you.
misskend  
23 Aug 2009 /  #29
Bolek i was laughing but now I think you are making me afraid -

Why on earth are you on a Polish Forum making broadly illogical statements about business in Poland.

1/ if doing business in the US is much easier, then do business in the US!!
but don't try and compare two very very different markets.

firstly Poland is a very young country - do you know anything about the history? - Poland was a communist country up untill the end of the 80's it was not a free market economy. Poland is an emerging market and as in life change is slow, but change is happening.

2/ I have known many poles who have lost everything over setting up a business!!
I have known many - Poles, Irish, Americans - germans all races of the world who have lost everything setting up businesses - in their own countries, in other countries. There are no guarantees in business, i.e its can fail it can succeed.

If a business fails its usually done to the fact that it was
a/ Never viable to begin with
b/ Poorly managed and run/not researched to begin with, unrealistic projections of capital input or over estimation of performance, shortfall of capital input.
c/ Bad luck - something no one could plan for like an earth quake or act of god.

As for multi nationals versus sole traders - of course they are different and yes a multinational is usually welcomed with open arms and enticed with tax breaks and incentives to set up a business in a country. Fact and its obvious thats how it would be as a multinational has a very strong likelyhood of succeeding, will create employment and will spend the money to ensure that the business will succeed.

Soletraders - well they cannot be compared to multinationals, its like comparing a kitten to an elephant, however the business are always the same.

Any problems that I have had and I am not in a multinational company have been my problems, thankfully none of them were big enough to close my business and I have been able to learn from my mistakes. It would be the same in any country that I would start up in. In my opinion as a foreign I got alot of respect from Poles who given the chance would be twice as good as me, i have some excellent really top notch people I am extreemly proud to work with.

Business is not easy and what works in one country may not work in another - thats life deal with it. All part of the beautiful challenge of business. You know what they say - 'if you can't stand the heat, get out of the kitchen'

I really have a problem with people who make broad sweeping statements full of negativity and lacking in fact and then make the claim that the people who are trying to be more level and open minded are in someway deluded optimists. Its not logical! kind of like me saying 'all men are bastards' because I have had one bad relationship - i have not met all men so how could i possibly say that all men are bastards - its just not logical - 'doing business in the us is so much easier than in Poland' not logical i am afraid and why the hell are you on a Polish forum making such a statement, that baffles me even more.

anyways I am not laughing now!!!

MKD
Wroclaw 44 | 5,384  
23 Aug 2009 /  #30
Poland is an emerging market and as in life change is slow,

only for some. there are many who've got their sh*t together and are racing ahead.

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