CHARAKTERYSTYKA PRAWNA ODDZIAŁÓW PRZEDSIĘBIORCÓW ZAGRANICZNYCH
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Date
2002
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Wydział Prawa i Administracji UAM
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LEGAL CHARACTERISTIC OF FOREIGN ENTREPRENEURS’ BRANCHES
Abstract
The Polish Business Activity Law Act came into force on 1 January 2001. In section 5 of the
Act the Polish legislator regulated the issue of undertaking and performing business activities by
foreign entrepreneurs in the form of branches in Poland.
The legislator allows a foreigner to undertake and conduct business activities in the form of
branches in the Republic of Poland on condition of reciprocity insofar as the international agreements
ratified by Poland do not stipulate otherwise. At the same time, an entrepreneur is obliged
to obtain an entry in the National Register of Companies in order to undertake a business activity,
just like a Polish entrepreneur. Moreover, an entrepreneur is obliged to designate an authorised
person in the branch to represent a foreign entrepreneur, formulate the name of the branch and do
the bookkeeping separately from the foreign entrepreneur.
The Polish legislator ensures freedom for foreign entrepreneurs to undertake business activities,
however, the very performance of the business activity is subject to state supervision.
The Polish Business Activity Law Act provides for the special means of supervision in order to
protect important public interest as well as ensure security of economic relations, i.e. decision
concerning the prohibition to perform business activities by a branch.
Despite this legal solution, which may put foreign entrepreneurs at a disadvantage, the Polish
legislator makes national law more liberal in chapter 5 of the Polish Business Activity Law
Act as far as undertaking and performing business activities by foreign entrepreneurs in the form
of a branch is concerned. The above liberalization complies with the obligations undertaken by
Poland in the European Treaty.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 64, 2002, z. 2, s. 35-51.