In order to carry on business activities in Poland, foreign entrepreneurs may also establish their branch offices or agencies. Foreign entrepreneurs of the European Union member states, of the states of the European Economic Area not being the European Union members, and of the states not being parties to the treaty on the European Economic Area, who may benefit from free enterprise under the treaties concluded by such states with the European Community and its member states, may establish their branches or agencies in Poland with no restraint. Other foreign entrepreneurs may establish their agencies in Poland with no restraint whereas their branch offices only on reciprocity principle, unless international treaties ratified provide otherwise.
Foreign entrepreneur’s branch office
A foreign entrepreneur establishing a branch office in Poland may carry on business activity exclusively in the scope of the foreign entrepreneur’s object of business. A foreign entrepreneur may commence the activity within the branch office after its entry in the Register of Entrepreneurs at the National Court Register. A branch office is obliged to keep for the branch office a separate accounting in the Polish language in compliance with the accounting laws. The Minister competent for economy may issue a decision prohibiting a foreign entrepreneur to carry on business activity in the branch office when the branch office circumvents the law, the liquidation of the foreign entrepreneur who established the branch office has started or his activities pose a threat to the defense and the security of the state or to the public order. If such decision is issued, the Minister notifies the person authorized to represent the foreign entrepreneur in the branch office of the obligation to commence the liquidation proceedings within a definite time, not shorter than 30 days. The liquidation of a branch office is carried out in accordance with the provisions of the Polish Companies code regarding liquidation of a limited liability company.
Foreign entrepreneur’s agency
The agency’s scope of activity may include only advertising and promotion of the foreign entrepreneur. Establishment of an agency requires an entry in the register of foreign entrepreneurs’ agencies kept by the Minister competent for economy. A foreign entrepreneur who established an agency is obliged to keep for the agency a separate accounting in the Polish language in compliance with the accounting laws. The Minister competent for economy may issue a decision prohibiting a foreign entrepreneur to carry on the activity within an agency when the agency circumvents the law, the liquidation of the foreign entrepreneur who established the agency has started or his activities pose a threat to the defense and the security of the state or to the public order. A foreign entrepreneur is obliged to notify the completion of the agency liquidation to the Minister competent for economy, within 14 days from the date of completing the liquidation. Upon the agency liquidation being completed the Minister competent for economy, by way of a decision, strikes the agency off the register of agencies.
