Starting a business in Poland is, for many foreigners, an opportunity for professional development, entry into the European Union market, and the creation of a stable future. Before commencing business activities, however, every entrepreneur must answer one of the most important questions – which legal form of business will be the most suitable?
The choice most often comes down to two options: a sole proprietorship or a limited liability Company. Although both forms allow entrepreneurs to conduct business activities, they differ not only in terms of liability and operating costs, but also in their availability to foreigners. In many cases, it is the foreigner’s immigration status or citizenship that determines whether they may establish a sole proprietorship or whether they should instead choose a limited liability company.
Increasingly, Polish companies are appointing foreign nationals to the management boards of limited liability companies (sp. z o.o.). This applies both to foreign investors establishing businesses in Poland and to international corporate groups delegating their managers to Polish subsidiaries. In practice, however, the mere appointment of a foreign national to the management board does not always mean that they are legally entitled to perform their duties in Poland.
Depending on the individual’s nationality, the legal basis for holding the position, and the scope of their responsibilities, additional requirements under Polish immigration and employment law may need to be fulfilled.
Although a company’s Articles of Association are essential for its incorporation, they often fail to address issues that arise once the business begins to grow. Disputes between shareholders, the departure of one of the company’s founders, or actions by a shareholder that are detrimental to the company are all situations in which a well-drafted Shareholders’ Agreement (SHA) can save months of costly disputes.
A Shareholders’ Agreement is not a mandatory document. However, it is worth considering alongside the company’s articles of association, particularly in high-growth companies, businesses where one or two shareholders (or management board members) play a key role, or companies with a significant imbalance in share ownership between shareholders.
In recent years, artificial intelligence has found ever wider application across many areas of business. This also applies to advertising agencies – AI tools now assist in generating graphics, music, and even entire advertisements and campaign scripts. This speeds up work and cuts costs, but it also raises several legal issues worth considering before a finished ad reaches the client and the market.
read moreIn recent years, employing foreigners has become an integral part of the functioning of many businesses. This applies not only to large manufacturing plants, but also to the construction, transport, logistics, catering, and IT sectors. At the same time, public authorities are increasingly carrying out inspections of the legality of employing foreigners, and since June 2025 new regulations have been in force that have significantly increased employers’ obligations and the level of penalties for violations of the law.
read moreEU Directive 2023/970 obligates member states to adapt regulations regarding pay transparency in the workplace to EU standards. Its goal is to eliminate the gender pay gap and strengthen the application of the principle of equal pay by increasing wage transparency and improving mechanisms for enforcing employees’ rights. These are not just fine-sounding slogans – employers will face real obligations. Some of the changes introduced will require long-term preparation.
read moreSince 2016, Attorney Daria Milewska has been listed among the French-speaking lawyers at the Embassy of France in Poland, and since 2025 attorney-at-law Maria Czechowska-Kowalczyk has also been listed therein. This recognition confirms the expertise of MILEWSKA Legal in providing legal services to French-speaking clients.
