According to the Art. 5 point 4 of the Act on Freedom of Business Activity, a branch is a separate and organisationally independent part of a business activity, being run by an entrepreneur beyond his or her seat or beyond its main place where a business activity is run. Despite being organizationally independent entity, the branch has no legal personality. The Company is liable for any activity conducted by the branch.
A branch of foreign business is subject to its entry in the National Court Register and is founded with its entering to this register.
In order to apply for the entry of a branch, the Company is obliged to collect the following documents and obtain certain information:
- name and surname as well as address of a person entitled to represent a foreign entrepreneur in the branch,
- certified copy of Articles of Association together with the certified translation,
- certificate of registration,
- Branch’s registered office address (if you don’t have your own office in Cracow yet, you can register branch using our address),
- names and private addresses of Management Board members,
- Company’s representation rules,
- court’s fees 600PLN gross (no VAT),
- application for entry to the REGON – State Statistical Number,
- application for NIP (tax identification number) – NIP-2 form.
It is also important that scope of services provided by the branch cannot excess the scope of services provided by the Company. Thus, we always require an official list of services being provided by main Company and we translate them into Polish. Having the list we will adjust it to the official list of services that may be provided by Polish entities (adequate to the European NACE classification).
Moreover you have to indicate a person having the authority to represent the Branch. The person will be responsible for signing the agreements and filing official notices.
Moreover, once we will receive Company’s full AoA we will prepare following documents:
- resolution of the relevant body (Shareholders Meeting or Management Board – depends on Companies AoA) on opening the Branch and indicating its address and
- power of attorney for the person representing the Branch in Poland.
Contact us for even more details and start your registration process. We speak English and we’re based in Krakow and Katowice. We registered over 120 companies in just 2 years and more then 20 branches. We are sure we can also help you in the registration process, regardless of the branch location.