Information and services website for entrepreneurs

Entry of a representative office in the register of representative offices of foreign entrepreneurs

You are a foreign entrepreneur and you want to have an office promoting your company in Poland? Below you will find out how to register a representative office of your company on the territory of Poland. Remember that a representative office of the foreign company does not have the power to conduct economic activity in Poland. Representative office is exclusively engaged in activities relating to advertising and promotion of the foreign company.

How to handle a matter

A matter can be hadled:

  • at the office
  • by post

What you should know and who can benefit from the service

Foreign entrepreneurs may establish their representative offices in the territory of the Republic of Poland. The establishment of a representative office requires entry in the Register of Representative Offices of Foreign Entrepreneurs kept by the Minister of Entrepreneurship and Technology. A foreign entrepreneur reports its representative office to the register by submitting an application (with enclosures) for entry of the representative office in the Register of Representative Offices.

The scope of activities of a representative office of a foreign entrepreneur may include exclusively carrying out activities in the area of advertising and promoting the foreign entrepreneur.

Who can establish a representative office:

A foreign entrepreneur entitled to establish a representative office is a foreign person conducting business activity abroad and a Polish citizen conducting business activity abroad.

A representative office may also be created by foreign persons established by a deed of a competent authority in the country in which they have their seat for purposes of promoting the economy of that country. The scope of activity of such a representative office may include only promoting and advertising the economy of that country.

When should you handle the matter

At any time

Where you can handle the matter

Ministerstwo Przedsiębiorczości i Technologii
Departament Małych i Średnich Przedsiębiorstw
Grażyna Misterska tel.: (22) 262 94 58, Dariusz Domżalski tel.: (22) 262 94 41
Pl. Trzech Krzyży 3/5, 00-507 Warszawa

What to do step by step

1. Submit an application for entry in the Register of Representative Offices of Foreign Entrepreneurs

An application for entry in the Register of Representative Offices of Foreign Entrepreneurs, along with enclosures and proof of payment of the stamp duty, send by mail or submit at the General Office in the building of the Ministry of Development.

An entry in the register is made by the Minister of Entrepreneurship and Technology on the basis of the submitted application and according to its content.

Documents

Download:
You can submit a document as:
Oryginał
Additional information

Wniosek sporządzony przez przedsiębiorcę zagranicznego w języku polskim powinien zawierać:

- nazwę, siedzibę i formę prawną przedsiębiorcy zagranicznego;

- przedmiot działalności gospodarczej przedsiębiorcy zagranicznego;

- imię, nazwisko osoby upoważnionej w przedstawicielstwie do reprezentowania przedsiębiorcy zagranicznego;

- adres siedziby przedstawicielstwa na terytorium Rzeczypospolitej Polskiej.

You can submit a document as:
Oryginał, Uwierzytelniona kopia, Uwierzytelnione tłumaczenie
Additional information

Dokument powinien zawierać imię i nazwisko osoby upoważnionej, jej datę urodzenia, imiona jej rodziców oraz numer dokumentu tożsamości, którym osoba ta posługuje się na terytorium Rzeczypospolitej Polskiej, wraz z potwierdzeniem przyjęcia tego upoważnienia przez osobę upoważnioną.

You can submit a document as:
Oryginał

2. Formal, legal and substantive verification of the application

The Minister of Entrepreneurship and Technology checks whether the applicant has drawn up the application correctly and has included the necessary documents.

If the application has formal defects, the Minister of Entrepreneurship and Technology requests the applicant to complete it within a period not shorter than 7 days. The set time limit for completion of the application may be extended at a justified request of the applicant submitted before the expiry of the time limit. A failure to remove the formal defects within the set time limit causes that the application is left without examination.

The Minister of Entrepreneurship and Technology checks whether the applicant is an entity entitled to obtain an entry, i.e. whether it is a foreign entrepreneur conducting business activity abroad or a foreign person properly appointed to promote the country of its seat.

The Minister of Entrepreneurship and Technology also examines whether the planned activity of the representative office in Poland does not go beyond the scope of advertising and promotion.

3. Entry of the representative office in the Register of Representative Offices of Foreign Entrepreneurs and issuing a certificate of entry

The Minister of Entrepreneurship and Technology enters the representative office in the Register of Representative Offices of Foreign Entrepreneurs after meeting all the statutory requirements by the aplicant and issues ex officio a certificate of entry of the representative office in the Register of Representative Offices. The certificate is delivered to the applicant by registered mail with acknowledgement of receipt. If the applicant wants to collect the certificate in person, the applicant should include this information in the application. Personal collection (or collection by a proxy) at the seat of the Ministry of Entrepreneurship and Technology is possible only after a prior arrangement with an employee handling the case in the Department of Small and Medium Enterprises of the Ministry of Entrepreneurship and Technology.

Remember that the entry of a representative office is valid for 2 years from the date of entry. If, within the last 90 days of the registration period, you do not apply for an extension of the entry in the register for another 2 years, the Minister will remove the representative office from the register.

Refusal of entry

In the event where:

  • the establishment of the representative office would pose a threat to the security and defence of the State, security of non-public information classified as “confidential” or of a higher degree of secrecy, or another important public interest,
  • the application for registration of the representative office involves the intent to carry out the activity going beyond the scope of advertising and promoting the foreign entrepreneur,

- the Minister of Entrepreneurship and Technology issues a decision on the refusal of entry in the Register of Representative Offices.

Moreover, in the case where the applicant is not a foreign entrepreneur or a person properly established to promote the economy of a country - the application is regarded as irrelevant and the Minister of  Entrepreneurship and Technology issues a decision on discontinuation of the proceedings 

Documents

3. Entry of the representative office in the Register of Representative Offices of Foreign Entrepreneurs and issuing a certificate of entry

The Minister of Entrepreneurship and Technology enters the representative office in the Register of Representative Offices of Foreign Entrepreneurs after meeting all the statutory requirements by the aplicant and issues ex officio a certificate of entry of the representative office in the Register of Representative Offices. The certificate is delivered to the applicant by registered mail with acknowledgement of receipt. If the applicant wants to collect the certificate in person, the applicant should include this information in the application. Personal collection (or collection by a proxy) at the seat of the Ministry of Entrepreneurship and Technology is possible only after a prior arrangement with an employee handling the case in the Department of Small and Medium Enterprises of the Ministry of Entrepreneurship and Technology.

Remember that the entry of a representative office is valid for 2 years from the date of entry. If, within the last 90 days of the registration period, you do not apply for an extension of the entry in the register for another 2 years, the Minister will remove the representative office from the register.

Refusal of entry

In the event where:

  • the establishment of the representative office would pose a threat to the security and defence of the State, security of non-public information classified as “confidential” or of a higher degree of secrecy, or another important public interest,
  • the application for registration of the representative office involves the intent to carry out the activity going beyond the scope of advertising and promoting the foreign entrepreneur,

- the Minister of Entrepreneurship and Technology issues a decision on the refusal of entry in the Register of Representative Offices.

Moreover, in the case where the applicant is not a foreign entrepreneur or a person properly established to promote the economy of a country - the application is regarded as irrelevant and the Minister of  Entrepreneurship and Technology issues a decision on discontinuation of the proceedings 

Documents

How much will you pay

1000 zł

PLN 1000

You are obliged to pay the stamp duty into the account of Warsaw City Hall for Śródmieście District before the submission of an application for entry in the register. Attach a proof of payment of stamp duty (original) - for the entry in the register of representative offices to the application.

Pay it into the accont 60 1030 1508 0000 0005 5001 0038

Transfer the fee to the account 60 1030 1508 0000 0005 5001 0038

How long will you wait

Your case will be settled within one month. This period may be extended to two months, subject to notification by the official.

How can you appeal

If you receive a negative decision, you may apply to the Minister of Entrepreneurship and Technology for the case to be re-examined.  You have 14 days from the date on which you receive the decision. 

If you still have not obtained entry in the register, you can lodge a complaint with the Provincial Administrative Court in Warsaw.  The complaint may be lodged through the Minister of Entrepreneurship and Technology.  You have 30 days from the date on which you receive the decision issued on the basis of an application for a review of the case. Remember that if you do not wish to exercise your right to apply for reconsideration of the case, you may, without applying for reconsideration of the case, file a complaint with the Provincial Administrative Court in Warsaw against the decision within 30 days of receiving the decision. File a complaint through the Minister of Entrepreneurship and Technology.

It is good to know

Up-to-date register of representative offices can be found on dane.gov.pl

A foreign entrepreneur who has established a representative office is obliged to:

  • use the original name of the foreign entrepreneur to designate the representative office, along with the legal form of the foreign entrepreneur translated into Polish and the phrase "representative office in Poland" in Polish;
  • keep separate accounts for the representative office in the Polish language pursuant to the accounting provisions;
  •  notify the Minister of Entrepreneurship and Technology within 14 days about:
    • any changes of the actual and legal status as regards data of foreign entrepreneur concerning
      •  the name, seat, legal form of foreign entrepreneur
      • object of business activity,
      • first name, surname of a person authorized in the representative office to represent the foreign entrepreneur, 
    • the fact of commencement of liquidation of a foreign entrepreneur;
    • any information about the commencement of liquidation of a foreign entrepreneur who established a representative office or the loss of the right to conduct business activity. 

Remember that you must have a legal title to the real estate, which you indicated in the register of representative offices as the seat of the representative office.

Was this page useful?