Poland FDI control
Produced in partnership with CMS
Poland FDI control

The following Competition practice note produced in partnership with CMS provides comprehensive and up to date legal information covering:

  • Poland FDI control
  • 1. What is the applicable legislation?
  • 2. Which government or other body (or bodies) reviews foreign investments?
  • 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (eg foreign or non-EU / non-WTO)? Are there specific rules for certain types of investors (eg state-owned enterprises)?
  • 4. What are the triggers or thresholds for the regime to apply? What types of transactions are caught? Is there a minimum level of shareholding or a control test that applies?  Are there any other thresholds that need to be met (e.g. based on turnover or market shares)?
  • 5. Are there any exceptions that may apply?
  • 6. Is there any discretion to review transactions that do not meet any thresholds for review?
  • 7. What are the grounds for review, eg public or national security or other grounds?
  • 8. What level of discretion do the relevant authorities have to approve or reject transactions? Is there scope for any other body to intervene?
  • 9. Where a transaction is caught by the regime, is notification mandatory and must closing be suspended pending clearance?
  • More...

Poland FDI control

A conversation with Olga Czyżycka, counsel, Agnieszka Starzynska, senior associate, Krzysztof Sikora, senior associate, and Natalia Szurnicka from the Warsaw office of international law firm CMS on key issues on foreign direct investment (FDI) control in Poland.

1. What is the applicable legislation?

The legal basis for foreign investment control in Poland is the Polish Act of 24 July 2015 on the control of certain investments (Journal of Laws, item 117), as amended (the Act on Investment Control), and resolutions of the Polish Council of Ministers adopted under this regulation. Legislation amending the scope of foreign investment control has been introduced as a result of the COVID-19 pandemic, but it is temporary and will expire 24 months from 24 July 2020.

Apart from the Act on Investment Control, there are numerous mechanisms not directly aimed at foreign investment control but which in practice result in restrictions with respect to such transactions. These include:

  1. The Act of 6 March 2018 on the principles of participation of foreign business entities and other foreign persons in commercial practices on the territory of the Republic of Poland. It regulates the commencement and pursuit of economic activity by foreign persons on the territory of Poland.

  2. The Act of 24 March 1920 on acquisition of real estate by foreigners. This act imposes an obligation on foreigners with their office

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