The Business Constitution and foreign entrepreneur
The goal of the authors of the polish Business Constitution is, among others, combining in one legal act provisions regarding cross-border service activities, branches and representative offices of foreign entrepreneurs as well as other rules of conducting business by foreign companies in Poland. This is to be served by the new Act on the rules for the participation of foreign entrepreneurs and other foreign persons in the course of trade on the territory of the Republic of Poland.
With the entry into force of the polish Business Constitution, the existing regulations concerning foreign entrepreneurs will be lost. Will it influence the functioning of foreign companies somehow?
To some extent, yes. It results from art. 205 of the Act introducing the polish Business Constitution. Pursuant to this provision, a foreign entrepreneur must submit a motion to delete him from the National Court Register (KRS) within 9 months of the entry into force of the Business Constitution. If such a request is not submitted then the registration court ex officio deletes the foreign enterprise from the KRS.
At the same time, a foreign entrepreneur – who intends to continue business in Poland – must take other actions. The law requires him to submit an application for entry of a branch of a foreign entrepreneur or to the National Court Register (company) or to the Central Register and Information on Economic Activity (person).
If such a request is submitted on time and the branch is entered into the National Court Register or records, the entrepreneur will still have all the existing rights and obligations resulting from concessions, permits and concessions granted earlier (unless the act or concession provides otherwise).
Therefore, should foreign entrepreneurs be afraid of the business constitution? Probably not, but they should remember to complete deadlines for necessary formalities.