A New Bill aims to simplify Terms for Foreigners conducting Business in Poland is on the Way!

By Dr Robert Lewandowski, attorney at law (radca prawny)  at Derra, Meyer & Partners in Warsaw

The Polish Minister for Development and Finances has submitted a new bill regulating terms for providing business  activities in Poland by foreign individuals and entities and this new bill has already been accepted by the Council of Ministers.  The main purpose of the new bill is  to reduce the level of red tape and the number of documents required to be submitted by Foreigners in Poland with regard to setting up their businesses.  For instance, within the registration process the current obligation to submit a contract for the lease of office premises for providing business will be waived. The new rulemaking draft should also convince and encourage foreign entrepreneurs living in Poland to open their branches, subsidiaries, representative offices etc.  easily by avoiding overly bureaucratic  registration processes. The handling of the registration of branches of foreign investors in Poland will be simplified, however,  the initial trading period of  branches will be permitted for 2 years only with the right to apply for an  extension to this period. The new bill should also encompass all regulations in one act and to ensure the unity and effectiveness of any actions undertaken within the registration of foreigners as entrepreneurs in Poland as well as well simplifying  terminology consistency.  At present, the regulations regarding conducting business by foreigners in Poland are spread out over many legal acts such as the Act on Freedom of Economic Activities, Act on Providing Services within the Territory of Poland and Polish Civil Code etc. The definition of an “entrepreneur” is also used in many legal acts in Poland and the meaning is often not consistent and  precise  enough which may lead to confusion. Additionally, the rules of recognition  by Polish administrative bodies of certificates and permits, guarantees as well as insurances issued in other European members states to foreigners will also be handled coherently under new law. Furthermore, some occupations like doctors, nurses, midwives and dentists as well as occupations connected with transportation and notary or bailiff law will be excluded from the scope of applicability under the new regulation.  Hopefully, the new Bill will attract and not deter foreigner entrepreneurs  from entering the Polish market in the future.