Poland as the destination for Shared Services Centers

82 Poland as the destination for Shared Services Centers
On the grounds of the above mentioned principle, also foreign persons from EU Member
States and the Member States of the European Free Trade Association (EFTA) – being parties
to the Agreement on the European Economic Area (EEA) or foreign persons from countries not
being parties to EEA, who may benefit from the freedom of economic activity under agreement
with the European Community or its Member States may undertake and carry out economic
activity on the same terms as Polish citizens. Moreover, according to recent amendments,
foreign persons, from the countries being parties to the above mentioned agreements or
other agreements, and benefiting on this basis from the freedom to provide services, may
temporarily provide such services on the Polish territory without the need to obtain entry in
the Polish register of entrepreneurs or in the records of economic activity.
The freedom to undertake and carry out economic activity on the same terms as Polish
citizens also applies to citizens of other countries as the above specified, if they, inter alia, have
obtained a permit to settle on the territory of the Republic of Poland, a tolerated stay permit or
refugee status granted by the Republic of Poland.
Foreign persons deriving from groups other than those mentioned above are allowed solely
to undertake and carry out economic activity in (alternatively join, acquire shares) the following
forms: limited partnership, partnership limited by shares, limited liability company (sp. z o.o.)
and joint stock company (S.A.) (for a more detailed description please see “Forms of conducting
economic activity” below).
7 .2 .2 Forms of conducting economic activity
The establishment of economic activity is mainly regulated by the Act on Freedom of Economic
Activity (setting economic activity regulations for entrepreneurs), Code of Commercial
Companies (providing rules and regulations for establishing partnerships and companies)
and Act on National Business Register (providing primarily rules of registration procedure of
partnerships and companies).
Below are listed the following types of partnerships/companies specified in the Code of
Commercial Companies (CCC), which are admissible for all foreign entities (in order to
protect the contracting party and other third persons, other types of partnerships like general
partnership and professional partnerships are not available to all foreign entities).
• Limited Partnership
A limited partnership is a partnership with at least one partner assuming unlimited liability
and at least one partner whose liability is limited to a specified amount.
• Partnership limited by shares (limited joint - stock partnership)
A partnership limited by shares is a partnership with at least one partner assuming unlimited
liability and with at least one partner being a shareholder.
• Limited Liability Companies
Limited Liability Company in which shareholders receive shares (interests) in exchange for
contributed capital; and
• Joint Stock Companies
Joint Stock Company in case of which - in contrast to a limited liability company (apart from
the required minimum of equity capital and some other similarities) there is a possibility of
issuing bearer shares; companies listed on the Warsaw Stock Exchange must have a joint stock
company status.
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