REPRESENTING THE FOUNDATION'S INTERESTS IN ANOTHER COUNTRY

Representation of a foreign foundation in Poland

It is possible to establish representative offices of a foreign Foundation on the territory of the Republic of Poland

We register foundations throughout Poland

The request to open a representative office of a foreign Foundation became most relevant after the beginning of Russia's war against Ukraine.
Before that, such representations were opened, but their establishment was not widespread.
Interest has now grown, but it should be realised that setting up a representative office of the Fund is more complicated and time-consuming than setting up a new fund.
We provide services on preparation of documents and support in obtaining a permit for the activities of the representative office of a foreign Fund - the cost of our services is comparable to the cost of registration of the Fund, and sometimes more expensive. The cost is negotiated individually depending on the specifics of the client's foreign fund and the scope of work.
I would like to note that in practice, organisations that want to start social activities immediately, more often stop at the option "creating a new fund".

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How to register a representative office of a foreign foundation in Poland

Authorisation procedure

The establishment of a representative office of a foreign foundation on the territory of Poland requires a permit, which at the same time means consent to carry out the activities specified in the permit

Grounds for granting authorisation

The authorisation may be granted if the establishment of a representative office serves the purposes stipulated in Poland for the establishment of foundations

Grounds for revocation, suspension of the authorisation to operate a representative office

The Minister competent for the scope of activities and purposes for which the representative office is established may withdraw the authorisation if the representative office fails to comply with the conditions set out in the authorisation or substantially violates the provisions of the law in force on the territory of the Republic of Poland or the interests of the State
If the mission or the foundation it represents jeopardises the security or other important interests of the State, the competent minister may suspend the authorisation
Suspension of the authorisation shall entail, pending a decision to revoke the authorisation, the immediate cessation of the activity covered by the authorisation, without payment of compensation therefor

State fee for authorisation

The application for opening a representative office of a foreign foundation is subject to a state duty of PLN 855 and PLN 17 as a tax payment for the representative office (if any)

Nuances

The authorisation or refusal shall be issued by the Minister competent for the purposes of the establishment of the representative office
Lack of the prescribed form of the application and attached documents
A large package of documents for obtaining authorisation, which varies depending on the specifics of the activities of the foreign fund of the Fund
Lengthy procedure for reviewing documents (the one-month statutory deadline may be extended in accordance with the established procedure)
No guarantee of obtaining authorisation to open a representative office - authorisation may be refused for various reasons, e.g. if the objectives of a foreign foundation do not correspond to the objectives of foundations in Poland

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Help/FAQ

Whether foreign Foundations can establish their representative offices in Poland

They can

On the basis of which document the representative office carries out its activities in Poland

On the basis of an Authorisation issued by the Minister competent for the purposes of the establishment of the representative office

Can the representative office of a foreign Foundation in Poland conduct business activities

May, provided that the commercial activity is specified in the permit for the activity of the representative office

Whether a head and address are required for a representative office of the Fund

Yes.
When applying for authorisation to open a representative office, the head with a correspondence address as well as the address of the representative office shall be indicated

What set of documents should be prepared to obtain a permit to open a representative office of a foreign foundation?

There is no legally defined list of documents and sample application.
The package of documents is determined by the authorised Minister to whom the permit is applied for.
Among the required documents will be the Statutes of the foreign foundation, documents confirming the fact of registration of the foundation translated into Polish, information about the foundation, information about the representative office, etc.