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Poland S.A. vs SP.ZO.O.

S.A. is a legal entity in Poland, with the full name of Spółka Akcyjna. It is a combined ownership company with limited liability. S.A. can participate in the market publicly and requires at least one shareholder and at least one director. Unlike in other countries/regions, Polish S.A. does not need to appoint a legal representative, local directors, or a company secretary. However, the minimum registered capital for S.A. is 100,000 złoty and capital verification is required. The capital verification requirement is that the face value per share must not be less than 0.01 Polish złoty. An S.A. may be public (listed) or private; a private S.A.'s shares sit in a shareholder register kept by an authorised entity.
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PolandFlag of PolandPoland

Poland Legal Entity Comparison

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Basic Information

Flag of PolandS.A.
Flag of PolandSP.ZO.O.
Ownership:
Consolidated Ownership
Ownership:
Consolidated Ownership
Limited Liability:
Positive
Limited Liability:
Positive
Publicly Participates In Capital Market:
Positive
Publicly Participates In Capital Market:
Negative

Shareholder / Director / Secretary Requirements

Flag of PolandS.A.
Flag of PolandSP.ZO.O.
Requirements For Shareholders:
At least one
Requirements For Shareholders:
At least one shareholder. Although having only one shareholder is allowed, it is not recommended: an individual who holds all the shares is compulsorily insured with ZUS (social insurance, or at least health insurance), whatever the company's revenue or salary. Moreover, in practice, an sp. z o.o. cannot be formed with a limited liability company as its sole shareholder, but the shares can be transferred to that company after incorporation, and it then becomes the sole shareholder.
Requirements For Directors:
At least one
Requirements For Directors:
At least one
Legal Representative Not Mandatory:
Positive
Legal Representative Not Mandatory:
Positive
Local Directors Not Mandatory:
Positive
Local Directors Not Mandatory:
Positive
Local Secretaries Not Mandatory:
Positive
Local Secretaries Not Mandatory:
Positive

Registered Capital Requirement

Flag of PolandS.A.
Flag of PolandSP.ZO.O.
Minimum Registered Capital Requirement:
100,000 Zloty
Minimum Registered Capital Requirement:
1. 5,000 Zloty.
Capital Injection Not Required:
Negative
Capital Injection Not Required:
Negative
Capital Injection Requirement:
Each share face value shall not be less than 0.01 Polish zloty.
Capital Injection Requirement:
1. Notarial route: the share capital is paid in full before registration (KSH art. 163). S24: cash only, paid within 7 days after the KRS entry (KSH art. 158 § 1¹);
2. If the registered capital is small (e.g. 5,000 PLN), it can be paid in cash (the company director signs a declaration to prove that the cash has been received).

Memo

Flag of PolandS.A.
Flag of PolandSP.ZO.O.
Memo:
It is recommended to register two shareholders for the Polish company, because an individual who holds all the shares is compulsorily insured with ZUS (social insurance, or at least health insurance), whatever the company's revenue or salary.

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