Poland

SETTING UP IN BUSINESS

Introduction

There are generally two reasons why business investors set up companies abroad: either to access new markets or to cut costs. Poland, which joined the EU in 2004, scores exceptionally well on both counts. The Polish market is the largest in Central Europe – larger, in fact, than the other nine new EU members put together – and labor costs are low. Foreign investment is pouring into the country, fuelling sustained economic growth of more than 5% a year.

What are the main types of company in Poland?

There are four main kinds of business entity for foreign investors and they are as follows:

• limited liability company (sp. z o.o)
• joint stock company (S.A.)
• partnership
• sole proprietor

What are the main features of a sp. z o.o limited liability company?

• the most popular format for small and medium sized companies
• minimum share capital is 5,000 zlotys (€1,272), to be fully paid up
• minimum number of directors is one
• no restrictions on foreign shareholders
• annual accounts to be prepared and held at company offices

What are the main features of an S.A. joint stock company?

• popular format for larger companies that wish to raise public capital
• minimum share capital 50,000 zlotys (€12,728), at least 25% to be paid up
• two-tier system comprising management and supervisory boards
• 8% of annual profits to reserve fund (maximum 30% of share capital)
• annual accounts and independent audit required

What are the main forms of partnership in Poland?

There are four main kinds of partnership under Polish corporate law:

• registered partnership (all partners have equal and unlimited liability)
• limited partnership (some partners have limited liability)
• professional partnership (some concessions regarding partner liability)
• limited joint-stock partnership (includes partners and shareholders)

What are the main features of a sole proprietor company?

• the simplest and least-regulated form of business entity
• very popular format for small business enterprises
• sole trader has unlimited liability for all liabilities and debts
• profits are subject to Polish income tax at individual rates

How easy is it to recruit staff in Poland?

Despite strong economic growth over the past few years, unemployment remains a serious problem in Poland with the jobless rate just short of 20%. While some of the country’s brightest young brains have been tempted to move west, taking advantage of EU membership, Poland has a large and well-educated workforce. Please contact us if you would like to speak to one of our recruitment specialists in Warsaw.

What is the regulatory environment like?

The stifling bureaucracy of the Communist era is long gone and Poland now has one of the most liberal economic regimes in Central Europe. Corporate income tax was lowered from 27% to 19% in 2004, reflecting the government’s wish to ease pressure on companies and attract further job-creating investment. Capital and profits can be freely repatriated. However, legal and accounting regulations are complex and local expert assistance is advised. We can help you with this, so please contact us.

Are there financial incentives available?

Poland offers a broad range of financial incentives for foreign investors including the following: grants of up to 25% for companies setting up in Poland enhanced grants totaling 50% in Special Economic Zones further incentives available through EU-funded schemes.

And what about banking facilities?

Poland is emerging as an important regional centre for the international banking community and most major financial institutions have a presence in Warsaw. Local banks are also capable of competing strongly and effectively to provide facilities for foreign investors, but opening a bank account requires specialist advice, and we are experts in the field – we’ll make it simple for you.