Foreigners who have citizenship of another country of European Union or European Economic Area may conduct business in Poland on the same terms as Polish citizens. But what about foreigners from third countries?
Foreigners from outside the EU have the right to perform business activities if they have a valid Pole’s Card, specific residence permit or in the following forms: Limited Partnership, Limited Joint-Stock Partnership, Limited Liability Company and Joint Stock Company.
Conducting an individual business activity by a foreigner requires possession of one of the following documents:
- Pole’s Card;
- permanent residence permit;
- residence permit for EU long-term resident
- temporary residence permits for studies;
- a temporary residence permit for the purpose of family reunification;
- residence permit for EU long-term resident issued by another EU country;
- confirming that he is a member of the family of that foreigner with whom he has been in the territory of another member state of the European Union and accompanying or wishing to join him;
- refugee status;
- subsidiary protection;
- permit for stay for humanitarian reason or permit for tolerated stay;
- temporary residence permit and stay married to a Polish citizen residing in the territory of the Republic of Poland;
- confirming the use of temporary protection in Poland.
There are many possibilities to register a business: online registration, to complete an online application and to sign it at the Town Hall, registration by electronic banking or by proxy. Before completing the application, you must choose the form of taxation (tax scale, flat rate tax, lump sum on registered income, tax card), the main industry code (NACE) with additional codes, a name to be included after the name of the entrepreneur, completing an application for registration of business activities in the CEIDG, as this field in the application is also mandatory to fill in.
In order to register a single business activity by a foreigner, it is necessary to have a PESEL number when choosing any method of registration. If you do not have a PESEL number, you must show your passport at the Town Hall or municipality office. Online registration requires to have a trusted EPUAP profile, an electronic signature or the possibility to log in via e-banking PKO BP S. A., Inteligo, Co-Operative Bank. If it is not possible to sign the application through the abovementioned arrangements, you must complete the application on the CEIDG website, write down the application code and submit it to any district or municipality office for signature within 7 days.
An interesting project is business registration by proxy. The power of attorney to do so shall be given in writing. The proxy cannot register the company with CEIDG over the Internet, only with the city or municipality office. Unlike the registration of a company in the National Court, the proxy for the registration of individual business activity in CEIDG does not have to be a lawyer, it can be any person with full capacity to act in law. If an entrepreneur does not wish to have a proxy to conduct business, he can only be appointed to register the business. Such power of attorney will cease to apply once the company is registered.
The time limit for the entry of the business in the CEIDG – no later than the working day following the submission of the application. If the future entrepreneur did not have a NIP number, it will be assigned during the registration of the business together with the REGON number.
After the business activity is registered, a number of formalities should be completed: registration in the Social Insurance Fund (ZUS), setting up a bank account, submitting a VAT-R return or obtaining permits and licenses if the type of business activity requires, or alternatively registration and installation of a fiscal cash register. We will help you willingly at any step of registration of a single business or after its establishment.