Who can start a casino in Poland
The establishment of a casino in Poland is related to the fulfillment of a number of requirements laid down in the Gambling Act. It includes, among others, the requirements relating to both the legal form of gaming companies and the criteria directly applicable to the shareholders of these companies.
The legal form of a casino entities
According to the provisions of the Gambling Act, activities involving the organization of cylindrical games, card games, bones games and slot machine games may only be carried out by an entity in the form of a joint-stock company or a limited liability company seated in Poland.
There is an exception from this rule that this activity in Poland may also be carried out by companies established in the territory of another EU or EFTA Member State, provided that the company’s branch established in Poland or the representative of the company is appointed.
The representative may be a natural person conducting business activity and residing in the territory of Poland, who is able to communicate in the Polish language to the extent necessary to perform the duties of a representative or a legal person or an organizational unit without a legal personality which is seated in the Poland and at at least one of the members of the management board of which is able to communicate in the Polish language to the extent necessary to perform the duties of a representative. There is also representative's responsibility to keep, among other things, records relating to gambling activities.
Citizenship / seat of shareholders of casino entities requirements
Depending on the casino company's registered seat, the law sets out the different requirements that shareholders of which must meet.
If the company is seated in Poland, its shareholders must be natural persons who are Polish or any other EU or EFTA Member State citizens, while the shareholders, which are legal entities must be seated in the EU (including Poland) or EFTA Member State.
If the casino company is seated in another EU or EFTA Member State, then the statutory requirements for the citizenship / seat of its shareholders (shareholders) are not provided by law.