The Polish market is attractive for many foreign investors. However, entrepreneurs who want to open a company in Poland
need to know that the Polish Government has introduced special business concessions (licenses) or business permits
Polish business concessions
A concession is granted by the state to a legal entity to conduct certain economic activities covered by exclusivity of state. There are several business sectors in Poland considered important for public security that require business concessions:
- - the energy field: manufacturing, processing, storing and distributing fuels and energy;
- - ammunition: producing and trading explosives, arms and ammunition as well as products and technology for military purposes;
- - mining: prospecting and exploration of mineral deposits, extracting minerals, underground mining excavations;
- - transport: air transport, railroads management and operating rail transport; can also include air services;
- - media and broadcasting: this permit grants the right to broadcast radio and television programs.
Other concessions can be issued for the purpose of providing services related to the protection of persons and property in Poland.
Our lawyers in Poland
can give you complete information about the economic sectors in which concessions are required for both Polish and foreign entrepreneurs.
Business permits in Poland
According to Polish law, companies in Poland are required to obtain a permit to perform a business activity in a certain business sector. Certain business activities require these types of permits and investors who open a company in Poland cannot commence the business activities until they have these permits. These permits are issued for:
- alcoholic beverages: bars, restaurants and other establishments need to obtain a permit for the retail sale and the wholesale of alcoholic beverages.
- medicinal products: for the production and import or medical products and medical devices or for opening a pharmacy.
- municipal waste: companies involved in the collection of municipal waste, emptying septic tanks and other activities require a permit.
- insurance: for insurance companies in Poland, for insurance funds and securities brokerage.
- other activities: gambling is an example of another type of activity that requires licensing; so is the production of additives, compound feeds and others.
Special conditions apply to businesses that operate in the Polish Special Economic Zones (SEZ)
. Special permits are also required when doing business in the banking sector or trading financial instruments. Our Polish lawyers
can offer you more information about specific business sectors in which permits are mandatory
Unlike permits, concessions in Poland are granted discretionary, meaning that the competent authority may refuse to grant a concession if it is considered that certain interests of the State are threatened (the security of the State). Special permits in Poland are granted if the applicant conforms to the specific regulations.
Because Poland is part of the EU, professionals who have been accredited and are recognized as service providers in another EU member state are allowed to perform in Poland. For employees wishing to work in Poland, the process commences with applying for a work permit (with the provincial authorities). Some types of professions required advanced qualifications, such as those applicable to medical professionals, architects or lawyers. Foreign nationals can perform as employees provided they obtain a license.
Obtaining special permits and licenses in Poland
When a business is required to apply for a concession or a permit in Poland, the application process will largely depend on the business field in which the company activates. This will influence the general requirements, the documents needed for the application as well as the laws governing the business sector and the Polish authority to which the submission is made. This is one reason why we recommend talking to one of the experts at our law firm in Poland in order to receive all of the needed information about the requirements before submitting the application. By doing so, the applicant can ensure that he observes all of the legal requirements and that the application is likely to be approved.
Below, our experts discuss the process required to obtain a concession for the distribution of energy. The energy and green energy field is one that has an important potential for development and foreign investors interested in becoming involved in energy distribution need to observe the regulations set forth in the Energy Law in Poland.
The concession is subject to approval from the Energy Regulatory Office
and the company that is interested in obtaining it needs to submit a motion. Some of the conditions that apply to companies in Poland that wish to enter into the electricity distribution field are the following:
- have the seat of operations in Poland or in another EU member state or in a EEA state.
- have the financial means as well as the technological means to guarantee the proper use of the concession.
- be able to employ individuals with the proper qualifications.
- does not have any unpaid taxes in Poland.
- has an adequate approval or decision for land development for the purpose of the business on the location of the investment.
Companies that are subject to bankruptcy or liquidation cannot apply for this type of permit. Likewise, of the company has infringed the provisions of the governing law, namely the Energy Act, or it was convicted of criminal offenses related to business activities as per the Act, the it cannot receive the concession.
The application for obtaining the electricity distribution concession will include the filled in application form, the conformation that the business has received the tax identification number (NIP), proof of the financial status of the company, bank account conformation and the company’s Articles of Association. Other specific documents include the information on the construction and any particular installations zoning documentation as well as the profile of the energy consumers connected to the network.
Please keep in mind that this guide is only a summary of the requirements in force for obtaining this type of concession. One of our lawyers can provide individuals with more details on both the Energy Law and the Energy Regulatory Office.
Our team of attorneys in Poland can give entrepreneurs more information on how to select the needed concessions and licenses and the requirements that apply for a specific one. Because the approval of the application is subject to certain conditions, it is advisable to consult with one of our attorneys before applying for the chosen permit or license.
Obtaining the required permits or concessions
is a prerequisite for running a business in the country. Our team can help local and foreign entrepreneurs starting a business in Poland
and obtain all of the needed licenses.