Ukrainian Desk
RELOCATE YOUR IT BUSINESS TO POLAND
Poland boasts a skilled IT workforce proficient in multiple languages. With a large internal market and a wealth of exceptional talent, Poland is rapidly becoming a European hub for tech companies, software houses and video game studios. As an EU member with a stable economy, it is an excellent destination for IT businesses looking to relocate during these turbulent times. The IT market is experiencing rapid growth, bolstered by renowned Tech Universities and lower business and labour costs compared to many Western European countries. Poland is an ideal talent source.
In recent years, businesses worldwide have recognised the attractiveness of relocating their IT operations to Poland. Major financial institutions like Goldman Sachs, Credit Suisse and JP Morgan Chase have chosen to relocate a sizable portion of their IT back-office activities to Poland. Furthermore, prominent tech companies, notably Google, Microsoft and Samsung have also expanded their operations in Poland.
Since the start of the Russian aggression against Ukraine, Poland to its proximity, robust economic growth, favourable immigration policies and cultural affinities has emerged as one of the primary migration destinations for Ukrainians. The Polish government has implemented special incentives to simplify the relocation of IT companies and highly skilled IT professionals.
_Just_LAW team has extensive experience in supporting foreign persons and entities in business start-ups and growth in Poland, including setting-up of companies and providing guidance on the best legal mechanisms for protecting intellectual property, know-how and trade secrets. Our unique IT expertise also ensures compliance with GDPR requirements and simplifies the proper structuring of employment relationships and intellectual property transfers.
Furthermore, thanks to our strong relationship with various Ukrainian law firms and advisors, we can assist Polish entrepreneurs in conducting business in Ukraine and prepare them to participate in investment projects in Ukraine.
„Transferring a company to the territory of another country is a significant undertaking. Our law firm’s experts have extensive experience in assisting foreign entities with establishing and expanding their business operations in Poland. We advise companies on the best legal mechanisms for protecting intellectual property, know-how and trade secrets. We have prepared a special support package for entrepreneurs looking to relocate to Poland or establish a new company here.”
Daniel Jasturn – Partner
We_Just_LAW_IT
We are a firm founded by tech-savvy lawyers with a deep understanding of the Polish IT market. We would be delighted to assist you in navigating the Polish IT market successfully. We understand the specific needs of tech companies when it comes to operating a business in Poland in a secure and compliant manner. Out team at your disposal includes corporate lawyers, IT lawyers, as well as tax, employment and mobility experts. Furthermore, our team has extensive experience working with Ukrainian clients and assisting them in relocating to Poland. We speak your language and are committed to helping you achieve success in Poland.
Our services:
As part of our service, we offer assistance in the following areas:
Corporate Matters:
- establishing companies and business operations in Poland
- ongoing legal support in conducting business activities in Poland including compliance
- company registration with the tax office and Social Insurance Fund
- assistance in setting up an office and overseeing organisational matters, including opening a bank account
- structuring corporate relations within the company and corporate secretarial services
- ensuring compliance with GDPR and other regulatory requirements
Relocation Matters:
- ongoing support in the regularisation of the stay and relocation.
Employment Matters:
- provision of legal assistance for hiring people in Poland or relocating your employees from Ukraine to Poland
- preparation of employment agreements and required employment bylaws and regulations
- introduction of remote work within organization
- support in obtaining EU funds, tax incentives and investment incentives
- IP BOX, KUP (introduction of increased revenue acquisition costs for IT professionals)
- structuring employment relations and cooperation based on B2B contracts
- trade secret and intellectual property rights protection
- non-compete clauses
Relocation Matters:
We will assist you from A to Z in relocating employees to Poland, including:
- obtaining PBH visa
- obtaining residence and work permit for employees and family members
- ongoing support in regularisation of the stay and relocation
LEGAL MATTERS – RELOCATION TO POLAND
Establishing the Company
As part of our legal services, we efficiently assist in the company formation process, which includes registration with all necessary authorities such as the tax office, social security authorities, ultimate beneficiary owners registry, and more. Setting up a company in Poland is relatively fast and efficient. Your new Polish subsidiary can be ready to conduct business in Poland in as little as one week. We also provide support in opening a bank account and securing office space.
Ukrainian citizens and companies can establish a Polish limited liability company without facing any restrictions. Ukrainian citizens are permitted to hold positions as members of the Management Board.
Legal Assistance with Office Setup and Organisational Matters, Opening a Bank Account
We help in setting up an office conclude office leas agreement and overseeing organisational matters and open a bank account with a technologically friendly, internet-centric bank.
Conditions for Establishing a Sole Proprietorship
Ukrainian citizens who are legally residing in Poland and hold a PESEL number can establish a business under the same conditions as Polish citizens. Furthermore, a sole proprietor must have a bank account with a Polish bank and register with the Social Insurance Fund (ZUS). A sole proprietor is also required to pay social security contributions and personal income tax.
Ongoing Legal Support for Business Operations in Poland
We provide ongoing legal support for the operation of businesses in Poland, offering comprehensive legal assistance at every stage of their functioning.
EU Funds, Tax Benefits, IP BOX, KUP (Introduction of Increased Revenue Acquisition Costs for IT Professionals)
We can also assist in obtaining EU funding and accessing tax incentives and reliefs. Our legal team offers comprehensive advisory services on IP BOX and the implementation of increased revenue acquisition costs for IT professionals.
Structuring Employment Relations and Cooperation Based on B2B Contracts
We provide model employment contracts (including labor contracts, freelancer model B2B contracts and others) complete with relevant transfer of intellectual property and non-compete clauses. Additionally, we provide a guide to Polish employment law. If necessary, we can provide guidance on structuring employment relationships, choosing the appropriate contract type and addressing matters related to social insurance or other public obligations of employees.
Structuring Corporate Relations within the Company and Corporate Secretarial Services
Our team of internationally recognised corporate lawyers offers comprehensive advice on structuring corporate relations to support the development and potential future investments of PE/VC entities. We provide guidance in preparing internal documents (shareholder meeting protocols, appointment of board members, internal rules of procedure books, etc.). We can also draft and negotiate contracts and structure relations between business owners (shareholder agreements) and relations between the CEO and the company (managerial contracts).
IT Contracts and Intellectual Property Rights Protection
We provide advisory services in preparing IT contracts and safeguarding intellectual property rights.
Ensuring GDPR Compliance
Our experts will provide guidance on complying with data protection provisions, internal policies, records and other required documents. The starter package includes templates for data processing agreements.
Ongoing Support in Regularisation of the Stay and Relocation
Ukrainian citizens who have left their homeland due to Russian aggression are permitted to reside and work in Poland.
Starting from April 1, 2023, Ukrainian citizens with a PESEL number and UKR status will be eligible to apply for temporary residence permits for the purpose of work or conducting business activities. This option is discretionary and is intended for individuals who are confident in the Polish job market and choose to waive temporary protection.
The new regulations pertain to residence permits related to basic forms of economic activity, including:
- temporary residence and work permits
- temporary residence permits for highly qualified workers
- temporary residence permits for conducting business activities
To obtain one of these aforementioned residence permits, a Ukrainian citizen must meet the requirements specified in the Act on Foreigners.
An application for these residence permits can be submitted by a Ukrainian citizen who:
- resides in Poland and holds a PESEL number with a UKR annotation
- works or engages in business activities in Poland, such as being registered in the CEIDG (Central Register and Information on Economic Activity)
The option to apply for these residence permits is discretionary. Ukrainian citizens who arrived in Poland after February 24, 2022, and opt not to pursue this avenue can still legally remain in the country under temporary protection.