Establishing company in Poland online by EU citizen

Since 1 January 2012 entrepreneurs in Poland have been given the possibility of establishing a company with limited liability online (spółka z ograniczoną odpowiedzialnością, spółka z o.o., sp. z o.o.). It is not a common knowledge so far, that EU citizens are also allowed to do that, even if they do not visit nor live in Poland.

Establishing Polish company online requires trusted profile on ePUAP platform, which enables online communication with Polish government offices. Creating trusted profile requires obtaining PESEL number (national identification number for citizens).

Getting PESEL number

If a legal basis for obtaining PESEL number exists, EU citizen can be granted PESEL number, even if he or she does not visit nor live in Poland. Such a legal basis represents Polish regulation concerning trusted profile on ePUAP. It is not allowed to apply for PESEL by post – EU citizen has to appoint a proxy in Poland, if he is not able to appear in Poland personally.

Moreover it is necessary for EU citizen to deliver to Poland a copy of ID document or passport authorised by notary in the country of origin. If the proxy is Polish attorney, he or she can authorise these copies by himself. When the motion concerning PESEL is submitted, number will be granted in a few minutes.

Creating trusted profile on ePUAP

When you already have PESEL number, it should be quite easy to get trusted profile on ePUAP. Registration form is available on the Internet: https://pz.gov.pl/pz/register. You are no longer required to have a Polish phone number to complete the registration. Despite that the biggest problem concerning ePUAP is still yet to come – the authorisation.

Authorising trusted profile

Generally, person who created trusted profile is required to authorise it personally. Therefore, if you live on a territory of EU, probably the easiest way is to authorise it in Polish diplomatic post (list: https://epuap.gov.pl/wps/portal/punkty-potwierdzenia-pz). For example, in Germany you can authorise your profile in Berlin, Munich, Cologne and Hamburg.

If you still want to have all the required steps done by a proxy, you should open a bank account in Poland, since financial institutions are also provided with the ability to authorise trusted profiles. You have to keep in mind though, that it is quite a challenge to open bank account for foreigner in Poland, especially by proxy. Probably the easiest way is to open bank account in Bank Millennium – they require granting power of attorney in the form of notarial deed, though. Other Polish banks (mBank, Inteligo) do not provide foreigners with possibility to open bank account by proxy.

Conclusions