Identification requirements for corporate letterhead
The Commercial Companies Code requires companies to identify themselves in commercial dealings by providing specific information about the company. Failure to do so may have serious consequences for the individuals responsible.
When carrying out business in Poland in the form of a limited-liability company, joint-stock company or joint-stock limited partnership, it is important to bear in mind the information that should be provided about the company in correspondence, in orders placed by the company, and on the corporate website. Under the Commercial Companies Code, it is necessary to identify:
- the company name, the city where the company is based, and the street address
- the company’s tax number (NIP)
- the amount of the share capital
- the commercial register number
- the name of the registry court for the company
When stating the share capital, joint-stock companies and joint-stock limited partnerships are also required to indicate the amount of the capital that is paid up.
These requirements also apply to Polish branches of foreign limited-liability companies or joint-stock companies.
The sanction for failing to provide this information, or providing incomplete information, is a fine of up to PLN 5,000. In the case of a limited-liability company or joint-stock company, the sanction is imposed on the members of the management board, and in the case of a joint-stock limited partnership, any general partner authorised to represent the company. If the company is in liquidation, the liquidator may also be liable for the fine. The fine is imposed by decision of the registry court.
These individuals are subject to separate penalties for providing false corporate information. If the act is intentional, the code provides for punishment by a fine, probation or imprisonment up to 2 years, or if unintentional, a fine, probation or imprisonment up to 1 year.
Łukasz Koziński, Corporate Law practice, Wardyński & Partners