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Polish government’s report on the acquisition of Polish real estate by foreigners and companies with foreign capital

The Minister of Internal Affairs and Administration prepares annually a document reporting extensively and accurately the entire international trade in the Polish real estate (link to the full text of the report in Polish).

According to the report, in 2016, foreigners received a total of 252 permits for the acquisition of land with a total area of 79.89 hectares. The vast majority of applications had been approved. The report highlights the active role of the German, Dutch and Ukrainian capital. In Poland, the acquisition of real estate by foreigners in principle requires the permit of the Minister of Internal Affairs and Administration. The source of legal restrictions is the Act on the acquisition of real estate by foreigners as of 24 March 1920. The relevant permit is also necessary for the purchase or acquisition by foreigners of shares in companies that are owners or perpetual users of real estate.

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WHERE CAN WE FIND THE INFORMATION ABOUT POLISH BUSINESS ENTITIES

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.

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The most popular forms of financing business activity in Poland

 

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.

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Employing foreigners in Poland: changes in law

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

 

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Liquidation procedure of a branch of a foreign entrepreneur in Poland

Liquidation of a branch of a foreign entrepreneur is proceeded on the basis of the provisions of liquidation contained in the Commercial Companies Code. The first step is to proceed with the entry procedure for the opening of liquidation, when the name of the company is expanded by the phrase ‘in liquidation’. At this stage, the most diligent part is to show the representation before the National Court Register and collect all statutory documents of the parent company. Next, financial documents should be collected in accordance with the Accountancy Act, as the procedure affects the financial period and liquidation settlements and furthermore, the announcement in Court and Economic Journal (Monitor Sądowy i Gospodarczy) needs to be published in order to call creditors to file their claims against the company. The last phase is the deletion of the entity from the National Court Register.

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