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Poland Film Prod uction G uid e 2 0 0 8 - Polski Instytut Sztuki ...

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Polish Law<br />

<strong>Poland</strong> is a rapidly developing new member of the European Union<br />

and a major recipient of foreign direct investment in Central and<br />

Eastern Europe. Its current industrial growth rate is around 15%.<br />

For good economic reasons and through measures taken to<br />

encourage inward investment, <strong>Poland</strong> has benefited from large-scale<br />

investment from Western Europe, the United States and a number<br />

of Asian countries and elsewhere<br />

In a 2006 report published in the Financial Times <strong>Poland</strong> ranked 5 th<br />

among top investment destinations worldwide. Its central<br />

geographical location, large territory and population of nearly 40<br />

million are attracting a growing number of foreign investors. Thanks<br />

to dynamic political and economic changes in recent years <strong>Poland</strong><br />

has taken a major leap forward in virtually every sphere of life –<br />

including the media. <strong>Poland</strong> has become a popular destination for<br />

foreign documentary film crews and feature film producers.<br />

Business Law<br />

The process of rapprochement between <strong>Poland</strong> and Western<br />

Europe gained impetus in time with <strong>Poland</strong>’s political and economic<br />

transformation, culminating in EU accession in 2004. Thanks to<br />

modern regulations, European standards and guaranteed equal<br />

rights for foreign businesses, non-Polish film-makers do not require<br />

any special permits.<br />

Foreign entrepreneurs, regardless of their country of origin, can<br />

operate freely in the film industry in <strong>Poland</strong> without any additional<br />

formalities resulting from their origin.<br />

The basic legal framework is provided by the Act on Freedom of<br />

Economic Activity of 2 July 2004 1 . Pursuant to this Act, an<br />

1. see: Act of 2 July on Freedom of Economic Activity, Polish Official Journal (Dziennik Ustaw –<br />

Dz.U.) 2004, no. 173, item 1807.<br />

<strong>Poland</strong><br />

G<strong>uid</strong>e 2008<br />

<strong>Film</strong> <strong>Prod</strong><strong>uction</strong><br />

Polish Law<br />

“entrepreneur” is any person, organization or non-corporate<br />

organizational unit with legal capacity conducting economic activity<br />

on its own, while “economic activity” is defined as professional<br />

(permanent and professional activity, as opposed to occasional and<br />

amateur), subordinated to the rules of profitability and profit,<br />

repeatable and resulting in economic turnover.<br />

Entrepreneurs from Member States of the EU and EFTA may<br />

engage in economic activity on the same terms and conditions<br />

as Polish entrepreneurs. Entrepreneurs from elsewhere are<br />

restricted to the following legal forms: joint-stock company, limited<br />

liability company, limited partnership or limited joint-stock<br />

partnership; they can also take over or acquire shares in these<br />

listed forms of entities.<br />

Obligations of Entrepreneurs<br />

Carrying on economic activity requires prior registration in the<br />

Register of Entrepreneurs of the National Court Register (Krajowy<br />

Rejestr Sàdowy) or in the Economic Activity Registry (Ewidencja<br />

DziałalnoÊci Gospodaczej)<br />

In order to perform economic activity in <strong>Poland</strong>, an entrepreneur is<br />

obliged to:<br />

C obtain a tax identification number (NIP) at the appropriate tax<br />

office and for use in official business (official correspondence,<br />

company seals etc.),<br />

C obtain an identity number based on the type of activity (REGON)<br />

at the Statistical Office,<br />

C register the business with and pay contributions to the Social<br />

Security Office (ZUS) when employing staff,<br />

C open a bank account and use it for all business related transactions,<br />

C file monthly returns and pay taxes (i.e. VAT, income tax, advances<br />

on payroll tax etc.) to the local tax office,<br />

C file financial statements and statistical reports as required by<br />

appropriate regulations.<br />

9

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