Key Legal Requirements for Forming a Company in Poland
Forming a company in Poland is an attractive option for many entrepreneurs due to its central location, growing economy, and favorable business conditions. However, understanding the key legal requirements is essential for a smooth formation process. Here are the main steps and legal prerequisites:
Choose a Business Structure The most common business types in Poland are the Limited Liability Company (Sp. z o.o.) and Joint-Stock Company (S.A.). The choice depends on your business goals and capital requirements. An Sp. z o.o. is preferred for small to medium enterprises due to its simplicity and lower capital requirement.
Register the Company Name Ensure your desired company name is unique and complies with Poland’s naming regulations. A preliminary search in the National Court Register (KRS) can verify the availability of your company name.
Prepare Company Documents Draft and sign the Articles of Association (AoA), which outline the company’s structure, capital, and management. These documents must be signed before a notary or via Poland’s online company registration portal (S24).
Minimum Share Capital For a Limited Liability Company (Sp. z o.o.), the minimum share capital required is PLN 5,000. This amount must be paid in full during the registration process.
Appoint Directors and Shareholders You need at least one shareholder and one director to form a company in Poland. Shareholders can be individuals or legal entities, and there are no restrictions on foreign ownership.
Register with the National Court Register (KRS) Submit the required documents to the KRS, including the AoA, proof of share capital payment, and details of shareholders and directors. Once approved, the company becomes a legal entity.
Tax Identification and VAT Registration Obtain a Tax Identification Number (NIP) and register for VAT if applicable. Companies engaged in commercial activities are typically required to register for VAT.
Social Security Registration If you plan to hire employees, register with the Social Insurance Institution (ZUS). This is a mandatory step to ensure compliance with labor laws.
By following these key legal steps, you can ensure a smooth company formation process in Poland, setting a strong foundation for your business to grow.