Piotr Mrowiec

Attorney at law (Poland), Mediator
Associate Partner
Phone: +48 58 582 65 81

We would like to inform you that a series of five legislative acts amending the corporate law, called "a Constitution for Business", has been signed by the President and published in the Journal of Laws. The new regulations will enter into force on 30 April 2018.

The objective is to ensure all-embracing regulation of the rules of running a business, which have so far been dispersed across many legal acts.

The most important changes which will apply to small- and medium-sized enterprises include a new function of an Ombudsman for SMEs and the introduction of the so-called legal explanations which will be issued by administration authorities ex officio or at the request of the Ombudsman for SMEs. They will include practical explanations of the laws regulating starting up, carrying out and winding up a business. The legal explanations will be published in the Public Information Bulletin available on the website of a relevant office, and if the enterprise follows the explanations, it will be protected against administrative or financial sanctions.

To streamline the dealings with the authorities, upon enterprise's consent it will be possible to handle some official matters by phone or e-mail. 

The new law provides also for simplifications for enterprises engaged in regulated activity. Approvals (zgody) and licences (licencje) will be abolished, and just three basic forms will be left: concessions (koncesje), permits (zezwolenia) and registers (rejestry) of regulated businesses. Furthermore, a rule has been introduced that permits may not be discretionary and should be granted whenever the enterprise meets the conditions provided for in the law.

One of the acts belonging to the legislative package is the Act on the Participation of Foreign Enterprises and Foreign Persons in the Polish Economy. It regulates the process of both commencing and carrying out business activity by foreign enterprises, as well as, among other things, temporary offering and provision of services in the Republic of Poland by foreign persons running businesses. The act does not introduce significant changes and its main aim is to contain and organise all the existing regulations on foreigners in one legal instrument.

Our experts will be happy to answer all your questions concerning the new rights and your obligations connected with the enactment of the new laws.