If you are a citizen of Poland or a foreigner and you run a business or own a company abroad, you may transfer it to the territory of Poland. To do so, you will have to set up a branch in Poland and then enter it in the register of entrepreneurs of the National Court Register. Read the article till the end and find out how to register a branch of a foreign company.
Manner of submission and required documents
Registration of a branch of a foreign company in the National Court Register takes place on the basis of an application. Such an application may be submitted in two ways:
- online – using the Access and Information Portal (PDI),
- traditionally – by mail or in person – to the district court (commercial court) appropriate for the place of residence or registered office of the entity applying for registration by means of the official form KRS-W10
In addition to the completed form, forms and attachments should be attached:
- KRS-WK – organs of the entity,
- KRS-WJ – representatives of the foreign entity,
- KRS-WL – proxies,
- KRS-WM – subject matter of the activity (a foreign entrepreneur establishing a branch in Poland may only carry out business activities as the subject matter of the foreign entrepreneur’s activity),
- address in Poland of the person who is authorized to represent the foreign entrepreneur in the branch,
- certificate of the Polish representative office of the foreign entrepreneur as regards reciprocity of activities,
- memorandum of incorporation, articles of association or statutes together with a certified translation into Polish
- an extract from the register with a certified translation into Polish,
- evidence of payment of fees.
Registration of a branch of a foreign company – Cost
The fees you must pay when filing an application for the establishment of a branch of a foreign company:
PLN 500 – court fee for entry into the National Court Register,
PLN 100 – fee for publishing the entry in Monitor Sądowy i Gospodarczy.
You may pay these fees
- in cash at the court’s cash desk,
- cashless – by transferring money to the court account or through the e-Payment system,
- with e-court fee stamps.
Registration of a branch of a foreign company – Waiting time for an entry
The court considers the matter of registration in the National Court Register in nonprocedural proceedings. It has no more than 7 days to do so from the date of receipt of the application. If the application contains errors, you will be asked to correct them. After the appropriate corrections have been made, the court will consider the application within 7 days. If the consideration of the application requires hearing the participants in the proceedings or holding a hearing, the court will have no more than one month to do so.
Transfer of data to ZUS, US and GUS
Within 7 days from the beginning of your activity (for ZUS) or 21 days (for US and GUS) fill in the data needed to identify your branch as a ZUS payer. Complete the data on a single NIP-8 form and submit it to the appropriate tax office.
