Embarking on the entrepreneurial journey in Poland can be an exciting endeavor, but understanding and navigating the intricacies of Polish business law is crucial for success. In this article, we will provide essential legal tips for new entrepreneurs, helping you navigate the Polish regulatory landscape with confidence.
Here are key aspects of Polish business law and legal tips for new entrepreneurs:
- Business Structures:
The most common business structures in Poland are:
- Sole Proprietorship (Jednoosobowa Działalność Gospodarcza – JDG): A simple business form owned and operated by a single individual. The owner is personally responsible for the business’s liabilities.
- Partnerships (Spółka Cywilna – SC, Spółka Jawna – SJ): Partnerships involve two or more individuals or entities joining forces to run a business. Partnerships are characterized by shared responsibilities and profits.
- Limited Liability Company (Spółka z Ograniczoną Odpowiedzialnością – Sp. z o.o.): One of the most common business structures in Poland, offering limited liability for its shareholders. The minimum share capital requirement is PLN 5,000.
You can learn more about starting a sole proprietorship in our article A step-by-step guide to setting up a one-person business in Poland
- Business Registration:
New businesses must register with the National Court Register (KRS). Registration involves providing information about the company’s structure, shareholders, and management. Obtaining a REGON (statistical number) and NIP (tax identification number) is also a part of the registration process.
- Taxation:
Poland has a value-added tax (VAT) system, and businesses exceeding specific revenue thresholds are required to register for VAT.
Corporate income tax (CIT) is levied on the profits of companies, with a standard rate of 19%. Small businesses may benefit from reduced CIT rates.
Personal income tax (PIT) is applicable to individuals’ income, including income from business activities.
- Employment and Labor Laws:
Polish labor laws govern employment contracts, working hours, holidays, and termination procedures.
Employers must adhere to regulations concerning occupational health and safety, employee benefits, and anti-discrimination laws.
Employment contracts must be in writing and clearly outline the terms and conditions of employment, including job responsibilities, working hours, salary and benefits.
- Contract Law:
The Polish Civil Code governs contract law, emphasizing the importance of clarity and specificity in contractual terms.
Contracts play a pivotal role in business transactions, covering agreements with clients, suppliers, employees, and other stakeholders.
Entrepreneurs should pay careful attention to the drafting of contracts to prevent disputes and ensure legal enforceability.
- Intellectual Property Protection:
The Polish Patent Office oversees the registration and protection of intellectual property rights, including patents, trademarks, and copyrights.
Entrepreneurs are encouraged to register their intellectual property to safeguard their innovations, products, and branding from unauthorized use.
Violation of intellectual property rights can result in legal action and even end with criminal liability.
- Consumer Protection:
Consumer protection laws in Poland aim to ensure fair business practices and protect the rights of consumers.
Businesses must provide accurate information about products and services, including pricing, terms, and conditions.
Consumers have the right to withdraw from distance or off-premises contracts within a specified period, and businesses must comply with refund and return policies.
- Competition Law:
Poland has stringent competition laws in place to prevent anti-competitive practices and protect the interests of consumers and competitors.
Businesses are prohibited from engaging in activities such as price fixing, market sharing, and abuse of dominant market position.
The Office of Competition and Consumer Protection (UOKiK) is responsible for enforcing competition law and investigating potential violations.
- Bankruptcy and Insolvency:
Regulations outline procedures for bankruptcy and insolvency, providing a framework for the resolution of financial difficulties faced by businesses.
The bankruptcy process involves the appointment of a receiver, and creditors have the opportunity to file claims for outstanding debts.
The goal is to facilitate the orderly liquidation or restructuring of a business in financial distress.
Summary:
Successfully navigating Polish business law is essential for entrepreneurs looking to establish and grow their ventures in the country. From choosing the right business structure and understanding taxation to ensuring compliance with employment laws and consumer protection regulations, each aspect plays a crucial role in the legal framework that governs business operations. By staying informed, seeking professional advice, and prioritizing compliance, entrepreneurs can build a strong foundation for their businesses, minimizing legal risks and contributing to long-term success in the Polish market.
Adwisen offers you qualified and helpful assistance in every aspect of Polish business law.
