Change of the entry in the register of representative offices of foreign entrepreneurs

Has the name, seat, legal form or person representing the company in Poland changed? Remember that you must inform the Minister of Economic Development about these changes. Find out below how this can be done.

How to proceed

What you should know and who can use this service

A foreign entrepreneur who has established a representative office is obliged to notify the Minister of Economic Development and Technology about:

• any changes in the actual and legal state as regards the data of the foreign entrepreneur covered in the entry in the register and relating to:
  • name, registered office, legal form of foreign entrepreneur,
  • the object of main activity of the foreign entrepreneur,
  • first name and surname of the person in the representative office authorised to represent the foreign entrepreneur,
  • address of the representative office on the territory of the Republic of Poland, 
• the fact of commencement of the procedure for liquidation of the foreign entrepreneur;
• any information about the commencement of the procedure for liquidation of the foreign entrepreneur who established a representative office, or any information on the entrepreneur's having lost the right to carry out economic activity.

When you should complete this procedure

Within 14 days from the date when the changes occurred.

Where you can complete this procedure

Ministerstwo Rozwoju i Technologii
Departament Małych i Średnich Przedsiębiorstw
Justyna Filipczuk tel.: (22) 411 94 44, Dariusz Domżalski tel.: (22) 411 94 41
Pl. Trzech Krzyży 3/5, 00-507 Warszawa

What to do step by step

1. Submitting an application for a change of the entry in the register of representative offices

Documents

Time limit

Within 14 days from the date when the changes occurred.

2. Formal, legal and substantive verification of the application

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

If the application has formal defects, the Minister requests the applicant to complete it within at least 7 days. The set time limit for completion of the application may be extended at the applicant's justified request submitted before the time limit's expiry. If the applicant fails to remove the formal defects within the set time limit, the application is left without examination.

The Minister of Economic Development and Technology checks whether the changes notified by the applicant are in compliance with the applicable law.

3. Change of the entry in the register of representative offices and issuing a certificate on the change of the entry

After the positive formal and substantive verification of the submitted documents, the Minister of Economic Development and Technology changes the entry of the representative office in the register of representative offices of foreign entrepreneurs and issues a certificate on the change of the entry in the register of representative offices. The certificate is delivered to the applicant by registered mail with confirmation 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 an attorney-in-fact) at the seat of the Ministry of Economic Development and Technology is possible only after a prior arrangement with an employee handling the case in the Department of Small and Medium Enterprises.

If the entrepreneur fails to notify the Minister of Economic Development and Technology of a change in the factual and legal situation, and the change is of a substantial nature, the Minister issues a decision to remove the representative office from the register.

Documents

How much you will have to pay

The service is free of charge

How long you will have to 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 are issued a negative decision, you may apply to the Minister of Economic Development and Technology for the case to be re-examined. You have 14 days to do that, counted from the date on which you have obtained the decision.

If your entry in the register still has not been changed, you can submit a complaint to the Voivodeship Administrative Court in Warsaw. The complaint should be submitted through the Minister of Economic Development 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 re-examination of the case, you may, without applying for re-examination of the case, file a complaint against the decision with the Voivodeship Administrative Court in Warsaw, within 30 days of receiving the decision. The complaint should be submitted through the Minister of Economic Development and Technology.

Good to know

The Minister of Economic Development and Technology issues a decision to remove a representative office from the register if:

• a foreign entrepreneur grossly violates Polish law,
• a foreign entrepreneur has no legal title to the real estate indicated in the register of representative offices as the seat of the representative office,
• the procedure for liquidation of the foreign entrepreneur who established a representative office has been initiated or the entrepreneur has lost the right to conduct business activity,
• the activity of the foreign entrepreneur threatens the security or defence of the state, the security of classified information marked as "confidential" or belonging to a higher category, or threatens other superior public interest,
• the foreign entrepreneur has been removed from the register issuing the document confirming the registration of the foreign entrepreneur,
• the entrepreneur does not comply with the obligation to notify of changes in his factual and legal status, to the extent covered in the entry, and such changes are of significance.