Registration of a company by an attorney-in-fact

Before you register your activity, you can appoint an attorney-in-fact to register your company. If it is a power of attorney only to file an application - to register with CEIDG or KRS, the power of attorney will expire after the registration of the company.  

Attorney-in-fact to register sole trader with CEIDG

You can only appoint an attorney-in-fact to register your business activity.

Power of Attorney:

• must be in writing
• should be paid (stamp duty PLN 17) 

Exemption from stamp duty is possible only if the members of the immediate family are represented, therefore it is worth indicating in the text the degree of relationship (e.g. husband, brother, daughter). This will eliminate doubts about the obligation to pay this fee. 

The appointed attorney-in-fact may register the business on your behalf. In this case, the company must be registered directly with the municipality. The attorney-in-fact may not register a sole trader's company with CEIDG via the Internet.

If you wish, he/she may continue to act as an attoney-in-fact. When filling in the CEIDG-1 form it is necessary to enter the data of the attorney-in-fact. You can also appoint a commercial proxy.

Attorney-in-fact to register the company (in the National Court Register)

In order to register a company in the Court Register(KRS), i.e. to file an application for registration, companies may appoint an attorney-in-fact  but only a so-called professional proxy, i.e. an attorney for the company to be registered in the Register Court (KRS):

• legal counsel  
• attorney

If the power of attorney is submitted electronically under the S24 system (used for registration of companies via the Internet), the court may call on the company to present the original of the power of attorney.

Who can appoint an attorney-in-fact to register the company in the National Court Register?

Partnerships. In their case, attorney-in-fact to register the company may be appointed by:

• each partner alone
• all partners together

If each partner grants a separate power of attorney to register the company and each of them submits an application for entry into the National Court Register, the application submitted at the earliest will be accepted. 

Companies In their case, attorney-in-fact  may be appointed to register the company by:

• all members of the Management Board acting jointly (the decision must be unanimous)