Carrying on activities for companies or trusts – only after registration
From 31 October 2021, any business activity which involves providing certain services to companies or trusts will be a regulated activity. This means that carrying on such activities will only be possible after an entry is made in the register of activities for companies or trusts (“Register”) administered by the Head of the Fiscal Administration Chamber in Katowice.
The activity carried on for companies or trusts means provision of the following services by entrepreneurs (including natural persons who operate a business, partnerships or capital companies):
- establishing a legal person (corporation) or an unincorporated organisational unit (having no legal personality),
- holding the function of a management board member or enabling another person to hold such a function or a similar function in any legal person or organisational unit,
- providing a registered office, a business address or a mailing address and other similar services to a legal person or an organisational unit having no legal personality,
- acting or enabling another person to act as a trustee,
- acting or enabling another person to act as a person exercising rights from shares or stock, for an entity other than a company listed on the regulated market.
Thus, provision of e.g. a service consisting of holding a function of a management board member will be classified as regulated activity. This means that a person holding the function of a management board member in a company, as part of his/her one-person business (under a B2B contract), will have to be entered in the Register.
Entrepreneurs who carried on a business for companies or trusts before 31 October 2021 should be registered by 30 April 2022 at the latest. Those who want to commence such business on 31 October 2021 or later should be registered before they actually start it.
Carrying on a business activity for companies or trusts without registration is subject to a fine of up to PLN 100,000. Given the amount of the fine, we recommend that entrepreneurs check whether the types of services they offer should be entered in the Register, as activities carried on for companies or trusts.
If you have any doubts as to whether your business should be entered in the Register or you need help in filing a request for entry, you are welcome to contact us.