If you want to set up a European Company, you must enter it in the Register of Entrepreneurs in the National Court Register. Below you will find out how to do this.
How to handle a matter
A matter can be hadled:
- by post
What you should know and who can benefit from the service
European company may be set up within the territory of the Community in the form of a European joint-stock company under the conditions and in the manner laid down by Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company. The European Company shall be entered in the register under the conditions laid down for joint-stock companies, unless the law provides otherwise.
Method of submission of the application
A European company shall be entered in the National Court Register on the basis of an application.
The submitted application form should be completed in Polish, legibly, by machine, computer or hand, in capital letters. The application form should be accompanied by:
- KRS-WA form - branches, local organisational units
- KRS-WH form - the method of establishment of the entity
- KRS-WG form - share issues
- KRS-WK form - organs of the entity
- KRS-WI form - Executive Directors
- KRS-WL form - proxies
- KRS-WM form - subject of activity
- articles of association
- a statement by the management board or the administrative board on the contribution of capital
- a document appointing members of the company's governing bodies
- the relevant documents pursuant to Article 22 of the Act of 4 March 2005 on the European Economic Interest Grouping and the European Company
- proofs of payment of the fees
Documents on the basis of which an entry in the National Court Register is made shall be submitted in originals or officially certified copies or extracts. If the documents are drawn up in a foreign language, a certified translation into Polish shall also be attached.
If the application is returned, it may be resubmitted within 7 days from the date of delivery of the return order to the applicant. If the application resubmitted does not contain any deficiencies, it has effect from the date of the original filing. Such effect shall not occur in the case of subsequent return of the application, unless the return was due to deficiencies previously not indicated.
The official forms shall be made available at the seats of the courts and on the website of the Ministry of Justice.
- PLN 500 - court fee for entry in the National Court Register
- PLN 100 - fee for announcing the entry in Monitor Sądowy i Gospodarczy (Court and Economic Monitor)
You can pay the court fee and the fee for announcing the entry in Monitor Sądowy i Gospodarczy:
If you want to pay non-cash, you can either transfer money to the court account (see court account numbers), or use the e-Płatności system to make a transfer from your bank account, pay by credit card or payment card.
Court with jurisdiction to decide on your application
Documents should be submitted to the district court (commercial court) competent for the place of residence or seat of the entity applying for entry.
Where you can handle the matter
The service can be handled at:
How long will you wait
An application for entry of a European company in the National Court Register shall be examined by the registry court no later than within 7 days from the date of its receipt by the court. If the examination of the application requires a summons to rectify the deficiencies, the application should be examined within 7 days from their rectification by the applicant. If examination of the application requires listening to the participants of the proceedings or conducting a hearing, the application should be examined no later than within one month.
How can you appeal
The court examines the case concerning entry in the register in non-contentious proceedings. If, as a result of the proceedings, it is decided not to make an entry in the register, the party will have the right to appeal. The appeal is lodged with the district court via the court that issued the decision within two weeks of its delivery (together with a justification).
It is good to know
If, after the registration of the European Company, there are changes requiring notification (e.g. change of registered office), an application to that effect should be submitted no later than 7 days after the occurrence of that event.