In accordance with article 8 paragraph 2 of the Act on the acquisition of real estate by foreigners, reflecting the provisions of the Treaty of accession of Poland to the European Union in respect of the acquisition of real estate by foreigners, it is not required to obtain a consent by foreigners who are the nationals of or entrepreneurs of the Member States of the European Economic Area or the Swiss Confederation. The last restriction on the obligation to obtain a permit (consent) to acquire real estate and forestry by the said foreigners has expired on 30 April 2016, and since 01 May 2016 foreigners from the EEA and the Swiss Confederation do not need to have the permission of the Minister of the Interior to acquire any real estate.
A legal person that is a commercial company based in Poland, where the majority shareholder is a legal entity based abroad, is a foreign national within the meaning of the Act on the acquisition of the real estate by foreigners. At the same time, such entity is an entity from the European Economic Area by the fact that it is established in Poland which is an EEA member state, qualifying as a legal person from the EEA.
In view of the above, a commercial company based in Poland, controlled by a company based abroad is a foreigner from the EEA. Such entity is regulated by article 8 paragraph 2 of the Act on acquisition of real estate by foreigners which means that currently such entity does not have to be granted the permission of the Minister of the Interior to acquire any real estate.
In Poland there are two records of entities carrying out economic activities:
– the National Court Register (Polish: KRS – Krajowy Rejestr Sądowy)
Polish National Court Register is a centralized database that consists of three separate registers: the register of entrepreneurs; the register of associations, social and professional organisations, foundations and public health care facilities; the registry of debtors. The task of the Polish National Court Register is to provide information on the legal status of a registered entity (e.g. company), the most important elements of its financial situation and its representation. Making the entry in the National Court Register is also possible by electronic access to the Registry Court. The company’s application for the entry to the register is subject to a fee amounting to 500 PLN.
KG Legal, as a Polish law firm, specialising in cross border cases, with particular focus on investments in Poland presents you a presentation about the most popular forms of financing business activity in Poland.
As of June 1, 2017, changes to the employment law in respect, among others, of temporary workers came into force. Companies employing temporary workers in Poland and transferring such workers abroad must prepare for significant cost increases and an increase in bureaucratic restrictions related to regulatory changes. Changes in regulations also apply to companies bringing foreigners to Poland.
There was expanded the catalogue of sanctions, introducing penalties of up to PLN 100,000.00 and increasing the number of cases in respect of obligatory removal of an entrepreneur from the register of employment agencies. Employing foreigners in Poland_Changes in law PDF
