Winding up - Poland
The Act on Business Law and the Freedom of Business Act lay down the rules for the dissolution of a company by liquidation.
Types of liquidation
Most frequently, voluntary winding-up, which means the end of the business activity, is caused by long-term, unsatisfactory financial result. In order to wind up a company, an application must be submitted to the appropriate registration body.
Compulsory winding-up most often results from the company being insolvent. When this happens, it is necessary to apply bankruptcy proceedings, as laid down in bankruptcy law.
When filing for bankruptcy is the only option left for a business owner, it pays to cut losses, initiate proceedings sooner rather than later, and move on to a new business project.
Service point for businesses
Points of single contact referred to in Article 6 of the Directive on services in the internal market enable service providers to complete formalities and procedures related to starting and providing services in a remote, electronic mode, and to obtain appropriate information and support. Under the Services Directive, service recipients can also use the contact points to obtain information on the use of services and on consumer-related matters.
Deregistration of a business
Registration with the Business Register is subject to deletion in the cases specified in the provisions of the Act on Business Law.
In order to liquidate a company registered with the National Court Register, an application should be submitted stating the legal form of the company, company name, the KRS number, the NIP tax identification number, and the number in the National Official Business Register (REGON).
Liquidation of a company means that it is necessary to pay its tax liabilities.
There are no fees for suspending and renewing the operation of a company.
Deregistration from social insurance
The rules of deregistration from social insurance and the relevant forms can be found on the website of the Social Security Institution.
Documents should be submitted to the offices of the Social Security Institution responsible for the registered office of the company.
A taxable person who ceases to operate is required to report this fact to the head of a tax office on a VAT - Z form. An entity registered as an EU VAT taxable person that stops handling intra-Community transactions is required to report this fact to the head of a tax office by updating the VAT - R registration form within 15 days, beginning from the day this happens.
Removal from the register of VAT taxable persons is tantamount to the removal from the register of EU VAT taxable persons handling intra-Community transaction.
Deregistration of taxable persons subject to excise tax
When an entity ceases trading in the field of excise goods, it is required to report this fact to the head of the relevant customs office within 7 days on the correct form.
If this fact is not reported, the head of the customs office that previously registered the entity removes it from the register ex officio.
It is also possible to deregister the payers of contributions in the Social Security Fund.
Check also the legislation on this topic in: