Entrepreneurs who decide to open a company in Poland often hesitate to use intermediary services. However, during the process of registering a business, they frequently encounter difficulties. To understand the details, they often turn to specialized agencies. Some of the mistakes made by the client can be corrected. In some cases, the legal entity has to be re-registered. To help entrepreneurs open a company in Poland more quickly, a list of the most common mistakes made by foreigners who wish to register a spółka z o.o. (limited liability company) in Poland has been published on the government services portal.
- Business Registration in Poland: TOP Mistakes
- Similar Name
- Wrong Department of the National Court Register (KRS)
- Incorrect Information about Owners or Board Members
- Delay in Submitting the Application
- Charter Signed with a Violation of Representation Rules
- Mistake in the Dates of the Charter
- Errors in Power of Attorney
- One of the Board Members Is in the Criminal Register
- Certain Types of Services Are Not Available for Foreigners
Business Registration in Poland: TOP Mistakes
Opening a company in the territory of the Republic of Poland doesn’t take much time if you know all the nuances that you may encounter during the process. To help entrepreneurs adequately assess their abilities, a list of the TOP most common mistakes has been created:
Similar Name
In Polish — nazwa spółki (firma) już występuje w rejestrze albo jest myląca. The name of the legal entity already exists in the registry or is misleading. This problem is often faced by entrepreneurs who want to open several branches of the same company. They often enter the name with a marker like “1”, “2”, etc. To avoid issues, it’s better to add “branch in (city name)” to the name. The issue of “misleading name” is simpler — you should check whether the word is correctly written in Polish and ensure no symbols have been replaced with similarly sounding ones.
Wrong Department of the National Court Register (KRS)
Niewłaściwy Wydział KRS. Documents have been sent to the wrong regional court division.
Incorrect Company Name
Błąd w nazwie spółki lub oddziału. When registering a limited liability company in Poland, only the name should be entered. There’s no need to add “limited liability company” (spółka z ograniczoną odpowiedzialnością) as this status is added automatically.
Incorrect Information about Owners or Board Members
Błąd w danych osobowych wspólnika lub członka zarządu. It’s essential to verify the accuracy of the passport details, addresses, etc. Pay extra attention to address data. It’s not just about spelling — you need to check the correct entry of codes. You may not always be able to copy and paste the address into the required field; sometimes, you need to select it from the suggested list provided by the system.
Delay in Submitting the Application
Spóźnione złożenie wniosku. After the entrepreneur has approved the company’s charter, they must submit the necessary documents for registration within seven days. Sometimes an inspector may fail to notice the delay and register the company, but this happens very rarely.
Charter Signed with a Violation of Representation Rules
Umowa spółki zawarta z naruszeniem zasad reprezentacji spółki. There are special instructions detailing which documents each co-founder can sign. If the company is opened by an individual, no issues should arise. However, when opening a business with multiple partners, each must sign the documents personally.
Mistake in the Dates of the Charter
Nieprawidłowa data sporządzenia umowy spółki podana w formularzu. When registering a company in Poland, you shouldn’t delay the process. Ideally, all required documents should be collected, signed, and submitted within the seven-day period to avoid problems.
Errors in Power of Attorney
Nieważne lub nieprawidłowe pełnomocnictwo. This usually happens when opening a company on someone else’s behalf or on behalf of another company.
One of the Board Members Is in the Criminal Register
Członek zarządu notowany w rejestrze karnym. If this is indeed the case, that person must be removed from the list of founders. There are cases where an individual with the same last name as a board member is found in the criminal register. In this case, a certificate of no criminal record should be obtained and provided to the inspector.
Submitting an Incomplete Set of Documents
This often refers to additional information (tax number for the company member, notarized documents, etc.).
Certain Types of Services Are Not Available for Foreigners
For example, business registration in the banking sector in Poland is not possible. This market segment is regulated at the legislative level and is almost entirely state-run.
Lack of PESEL
Powszechny Elektroniczny System Ewidencji Ludności. This is not a mandatory condition. However, if the entrepreneur has a PESEL number, the inspector won’t need to check whether they are in the criminal register, and the company will open more quickly.
To avoid these common mistakes when registering a business in Poland, you can use professional services. Specialists working at Uniconsulting.group have been providing business registration services in this promising European country for several years. They will help register your company in the shortest time possible. You can also consult them on various issues related to running a business in Poland.
