Is it possible for foreign people to establish a Limited Liability Company in Poland through the internet? 1

Is it possible for foreign people to establish a Limited Liability Company in Poland through the internet?

For the last few years in Poland, you have been able to set up a business online. In the beginning, it turned out that this solution was not achievable for a foreign person because during the procedure the software asked you about PESEL (polish identification number). Obviously, most foreign people do not have PESEL. The number is necessary only if you live here.

In 2015 a polish legislator fixed this problem and enabled, instead of PESEL, the possibility to give a passport number. It looked great, but the legislator forgot to change one regulation. According to Polish law if someone provides a passport number he/she has to submit a statement that is not obligated to posses PESEL. Unfortunately, you can send that statement through the internet. Software does not predict this (and still until today nobody has fixed it).

The most interesting thing is that some courts registered a Limited Liability Company without that statement. If you are a foreign person and have an address outside Poland, you are not obliged to posses PESEL (it comes from the polish law). Other courts for instance in Szczecin and Łódź interpreted the law strictly and denied registration. The Courts said if you did not submit a statement about PESEL and the law demands this they cannot register the company (strangely enough they stayed on the position that you cannot submit your application traditionally).

From Jun 2017 establishing a Limited Liabilities Company through the internet is more difficult. The legislator has implemented a law that both Polish and foreign citizens must have a particular signature if they want to set up a business online. To receive that signature it is necessary to appear in the Polish office. It is not a problem for the Polish citizen, but it could be for the foreign person.

To summarise, foreign people can establish a Limited Liability Company in Poland through the internet, but it works only in some cities (don’t do that in Szczecin). Furthermore, it is necessary to approach the Polish office to receive a digital signature. So if you must come to Poland to set up a company, I strongly recommend to you, instead of going to the Polish office, go to a notary and traditionally establish the business.

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Krzysztof Wites

Krzysztof Wites

legal advisor Krzysztof Wites