Representation office in Poland
Opening representation office in Poland may only serve carrying out business activity regarding promotion of products, market research, running a showroom for product exhibition, making contacts with clients, monitoring execution of contracts.
The mother company is responsible for the activities of the representation office before the third parties and the profits generated in Poland are the profits generated by the said company. Opening of a representation office must be registered with the representative office of foreign entrepreneurs register maintained by the Minister of Economic Affairs.
An application needs to be completed in Polish and include the following:
- Name, registered office and legal form of the foreign entrepreneur
- Object of economic activity of the foreign entrepreneur
- First name, last name and address in the territory of the Republic of Poland of the person authorized to represent foreign entrepreneur in the representative office
- Address of the representative office in Poland
If the foreign entrepreneur conducts activity on a basis of a formation agreement, articles of association, a copy of this document shall be attached to the application, and if the entrepreneur was established or conducts activity on a basis of an entry into the register - copy of the excerpt from the register . Moreover - declaration of an entrepreneur on the formation of the representative office and the document confirming the entitlement of the foreign entrepreneur to premises (real property) in which the registered office shall conduct its business activity as well as a confirmation of a stamp duty for a copy of the excerpt. Documents completed in a foreign language shall be submitted with the sworn translation into Polish.
Foreign entrepreneur who opened a representative office is obligated to:
- Use the original name of the foreign entrepreneur with the sworn translation into Polish of a legal form of the entrepreneur to denote the representative office and to include the words "representative office in Poland";
- Keep separate accounts in Polish language in accordance with accounting principles;
- Report to the Minister of Economic Affairs about any changes to the factual and legal circumstances with respect to data submitted in the application.
Abiding by Polish laws is an important obligation of the representative office. Otherwise the minister might issue a decision on prohibition to conduct business by a foreign entrepreneur within the framework of the representative office.
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Barrister, Managing Partner
Barrister, Managing Partner