1. Choosing the right legal form
The choice of the appropriate legal form is influenced not only by the business model chosen by the entrepreneur, but also by the desire and speed of future business development or tax issues. A hasty decision already at the first stage may affect the development of the planned business in the future. SKLAW supports entrepreneurs in choosing the right legal form for any business, including providing comprehensive implementation of the legal form in the business model chosen by the client. We conduct an analysis of needs and expectations from both legal and tax aspects of the planned activity.
2. Incorporation of a company via S24 or in the ordinary mode (applies to general partnership, limited liability company, limited partnership and simple joint-stock company)
Most legal forms in Poland are possible to incorporate in the ordinary mode or via S24 (online). In principle, incorporation through S24 is a faster, simpler and cheaper way than incorporation in the ordinary mode, but is it the best? More about this in our article (Establishing a limited liability company in the ordinary mode or through S24? link). In this article we focus on the steps to incorporate a company in the ordinary form.
3. Drafting and signing of the company’s Article of Association
The Article of Association is the most important company document regulating the elements required by the law. Depending on the legal form, the Article of Association should be created on a case-by-case basis and take into account the specific needs, objectives, situation and relations between the shareholders. The Article of Association should be signed with a notary public in the form of a notarial deed. In addition to the mandatory elements, there are a number of additional issues that are worth regulating in the articles of association, such as determining the majority of votes, how the board of directors functions, or issues concerning the disposal of shares or their redemption.
4. Selection of the company’s registered office and/or address
At the time of incorporation of the company, which is the signing of the Article of Association it is necessary to choose the company’s registered office. The registered office of the company is the locality in which the company has its headquarters. In addition, each company at the time of filing with the court registry should have its address where the company’s correspondence will be received.
5. Registration of the company with the National Court Register
The application to the registry court is the final step in establishing a company. The application is submitted online through the PRS portal by submitting the Articles of Association, as well as the consents and documents required for the registration of the entity in accordance with applicable regulations. In order to efficiently
register a company, it is best to submit the application by a professional attorney.
SKLAW comprehensively supports Polish and foreign entrepreneurs in establishing a business in Poland. We provide an individual approach to the needs of the entrepreneur from the moment of choosing the legal form until the registration of the company.