Certain individuals may conduct business in Poland on the same terms as Polish citizens. These rights are given to holders of:

• citizenship of the European Union /EFTA/EEA
• permanent residence permit;
• a long-term EU resident permit;
• a residence permit for a specified time granted to a foreigner’s family member to be united with the family – who is considered a family member?;
• a Temporary residence permit granted on the basis of a long-term EU resident permit from another Member State than Poland provided that such a person justifies his residence in Poland;
• a Temporary residence permit granted to a foreigner’s family member who holds a long-term EU resident permit granted by a Member State other than Poland and who justifies his residence in Poland provided that the family member resided with the foreigner on the territory of another state;
• a Temporary residence permit in order to start or continue full-time tertiary studies or full-time doctoral studies in Poland;
• a Temporary residence permit and are married to a Polish national residing in Poland (Polish nationals’ spouses are entitled to conduct business activity on grounds of the marriage provided that the basis for their stay is a residence permit obtained based on the marriage- ;
• refugee status;
• supplementary protection;
• a tolerated residence permit;
• temporary protection in Poland;
• a valid Pole’s Card.

(Source 1, Source 2).

A foreign individuals may have authorization to work or conduct business in Poland, but still may find it difficult to set up a company. This article cites the experience of Oksana Kartavtseva, who studied and worked in Poland for over five years, but then found that she did not have the legal right to start a company, only the right of employment or studies. These people may become managers of Polish companies but not start them. Legal advisor Tomasz Czapczyński notes that, “by principle, people without the right to conduct business in the territory of the Republic of Poland and are (still) entitled to operate a limited partnership, limited joint-stock company, limited liability company or joint-stock company can only act as partners in such companies, which entails using the equity interests only without the right to represent the company and conduct operations. This law means that as a foreign national you can share in the company’s profits without being able to perform activities on its behalf, e.g. based on a manager’s contract.” (Source).

It is highly recommended for foreigners who wish to set up companies in Poland to register the company online, using a standard template available in the Government S24 system (Link In Polish), as they may not have the proper authorization to reside in Poland to set up the company. The registration fee is 350 PLN.

Sources:

• Article: A Foreigner Can Set Up A Company In Poland Without His Personal Presence – Remotely Or With A Help Of Representative
• How To Set Up Company: Guide For Foreign Residents
• Conducting Business Activity In Poland By Foreigners