Pursuant to the Freedom of Business Activity Act of 2 July 2004 (Journal of Laws of 2004 No. 173 item 1807), an agency of a foreign entrepreneur must be entered in the Register of Agencies of Foreign Entrepreneurs. An application for entry in the Register should be filed in the Polish language and should contain the following information:
- name, registered office address and legal form of the entrepreneur who wants to establish an agency,
- description of business activity of the foreign entrepreneur,
- first name, surname and address in the Republic of Poland,
- a person authorized in the agency to represent the foreign entrepreneur,
- address of the agency in the Republic of Poland.
In order to file this application, the following documents must be submitted:
- certified copy of a document confirming registration of the foreign entrepreneur, on the basis of which the entrepreneur conducts business;
- certified copy of a document specifying the registered office address of the foreign entrepreneur, rules of representation of the foreign entrepreneur and people authorized to representation, if a document referred to in item 1 does not contain necessary information in this respect;
- certified copy of a document authorizing the foreign entrepreneur to use premises or real property for the purposes of the registered office of the agency.
The registration duty does not pertain to agencies established by a foreign bank or a credit institution within the meaning of the Act of 29 August 1997.
Any subsequent amendments of data in the register, concerning the factual and legal status, must be reported to the register, including commencement of the entrepreneur's liquidation process or loss of the entrepreneur's right to conduct business activity or to dispose of property.
Furthermore, we inform that documents in a foreign language should be submitted with certified translation into the Polish language. An official copy of the document confirming registration of the foreign entrepreneur, on the basis of which the entrepreneur conducts business activity, should be certified by apostille or legalization (unless the issuing state has concluded a relevant agreement with the Republic of Poland which revokes this obligation).
A fiscal charge for entering an agency in the Register of Agencies of Foreign Entrepreneurs is 1000 PLN.