Foreigners from Poland doing business in Slovakia.

We will describe basic rights and obligations that define the possibilities of doing business in Slovakia for citizens of Poland. For the purposes of this Article, doing business means: 1. the establishment of a trade by a citizen of Poland in the Slovak Republic; and 2. the appointment of a citizen of Poland to the position of managing director of a commercial company in the Slovak Republic.

Polish citizen in position of shareholder in Slovak company.

If a person from Poland only wants to establish a business company in Slovakia and to be only a shareholder (not a managing director), he or she does not need any special permits or authorizations to do so. However, it is necessary to distinguish between a shareholder and a managing director. A managing director of a company needs to met special criteria (which we will discuss below) in order to be entered in the commercial register as a managing director.

When a Polish citizen can / cannot start a business in Slovakia? 

In the following cases, Polish citizen cannot do business in Slovakia:

1. If Polish citizen does not have “clean” criminal integrity and thus can not provide Slovak authorities with “clean” extract from criminal record from Poland.
2. If Polish citizen does not have 18 years of age.
3. If Polish citizen does not have legal capacity.
4. If Polish citizen has unpaid taxes, customs duties, social security and health insurance in the Slovak Republic.
5. If Polish citizen is the subject of an execution in the Slovak Republic.

In the following cases, an Polish citizen can do business in Slovakia:

Polish citizen can do business in Slovakia If he or she has:

1. “clean” criminal integrity and thus can provide Slovak authorities with “clean” extract from criminal record from Poland.
2. 18 years of age.
3. legal capacity.
4. no unpaid taxes, customs duties, social security and health insurance in the Slovak Republic.
5. is not the subject of an execution in the Slovak Republic.

Does a Polish citizen need a residence permit to do business in the Slovak Republic?

From the point of view of Slovak business law Foreigners from Poland are considered same as Slovak natural persons (if they have Polish citizenship) and therefore can set up a trade license or can be appointed as an executive director of Slovak company (LLC etc.) without any special permissions.

What are the general conditions for operating a trade? 

• attainment of the age of 18 years,
• legal capacity,
• criminal integrity.

The special conditions for the operation of a bound or craft trade are professional or other competence, demonstrated, for example, by proof of the completion of education and length of experience in the given field.

Autor článku: Mgr. Dominik Ondrišeje

Dominik is co-founder of the SetupMART project. Dominik is responsible for corporate services and implementation of modern technologies in our services at SetupMART. Dominik is dedicated to the sale of ready-made companies since 2011. Dominik studied law at the Pan-European School of Law.