When does a foreigner need a qualified signature in Poland? A practical guide

Does a foreigner in Poland need a qualified signature? In many situations - from running a business to dealing with authorities - an e-signature is even essential. Find out when it's worth having one and how it will make your life in Poland easier!
When does a foreigner need a qualified signature in Poland? A practical guide

When might a foreigner need a qualified signature? W In what situations does a foreigner in Poland actually need one? It turns out that qualified electronic signature for a foreigner comes in handy in numerous cases. Here are some typical scenarios when qualified signature for a foreigner in Poland becomes even necessary.

Holding a position in a Polish company - president, board member

If a foreigner is appointed to a position on the board of a Polish company (e.g., a limited liability company or S.A.), he or she will have to sign a number of documents electronically. This includes, for example, the aforementioned financial statements and management reports, which, starting in 2018. must be signed electronically by all board members. Each board member then chooses whether to use an ePUAP Trusted Profile or a qualified signature. However, for a foreigner, obtaining a Trusted Profile involves having a PESEL and sometimes a personal visit to an office. Therefore, the simplest solution is to make a qualified electronic signature for a foreigner, which will allow you to sign reports, applications to the KRS (National Court Register) or other corporate documents remotely. A qualified signature will also come in handy when setting up a company online or making resolutions - in a word, it is a must-have for a foreign president or director of a Polish company.

Running a sole proprietorship (JDG)

Many foreigners choose to run their own business in Poland as a sole proprietorship. In such a case, too, it is worth having an e-signature. Already at the stage of registration of the company in CEIDG (Central Register and Information on Economic Activity) a qualified signature will come in handy to submit an online application (for those without a Trusted Profile). Later, while running your business, an e-signature will enable you to sign tax returns, send letters to Social Security and tax offices, and even sign contracts with contractors. For a foreign entrepreneur-freelancer operating in Poland, a qualified e-signature provides freedom of action regardless of the lack of Polish citizenship.

Dealing with official matters without a PESEL number

Contacts with authorities and official matters. Foreigners living or working in Poland often have to deal with various formalities: apply for a permit, residence permit, registration, appeal against a decision, etc. Many of these matters can be handled electronically if you have the appropriate signature. As mentioned earlier, a foreigner without a PESEL cannot set up a Trusted Profile, but qualified e-signature provides him with an alternative means of identification in all public e-services. For example, application to the e-Grant system (in order to receive official correspondence to an electronic mailbox) requires signing the application electronically - with a qualified signature, a foreigner will handle this completely online. Also, correspondence via ePUAP (e.g., sending letters to a city office or ministry) is possible if the document bears a qualified e-signature. In this way a foreigner in Poland can communicate with the administration as effectively as a Polish citizen.

Participation in tenders and public procurement

Foreign companies or individuals from outside Poland often participate in Polish tenders, bid competitions or requests for proposals - whether as service contractors, suppliers of goods or project contractors. Currently, the entire public procurement procedure in Poland is computerized, and bids are submitted through special platforms. A formal requirement is that the bid be accompanied by a qualified electronic signaturein order for it to be valid. This applies to both Polish and foreign entities. Thus, if a foreigner wants to submit a bid in a Polish tender (e.g., as the owner of a foreign company), must have a qualified signature. The same is true for other formal procedures, such as electronic auctions or bidding - an e-signature then provides authentication independent of the country of origin and is accepted by Polish procurement systems.

Cooperation as a freelancer or freelance specialist

In the era of remote work, many professionals from abroad work with clients in Poland (e.g. IT specialists, graphic designers, consultants, translators). A qualified signature may not be mandatory in such cooperation, but it can sometimes be a great asset. It facilitates concluding contracts with clients (which can be signed electronically without courier or scanning), it also gives the opportunity to authentication of important documents (e.g., opinions, reports given to clients that require a signature). Some professionals - such as foreign architects doing projects in Poland or engineers - may need to sign plans, applications or expert reports electronically. With a qualified signature, they will perform these activities without formal obstacles. It's also a way to build trust: a contractor seeing a qualified signature knows that the document is authentic and unaltered since it was signed.

The above examples show that obtaining a qualified electronic signature in Poland can be crucial for a foreigner in many professional and legal situations. It is also worth noting that the law does not require Polish citizenship or a PESEL number to produce a qualified signature - qualified certificates can be issued on the basis of a passport or other identity document. In other words, how to obtain a qualified signature in Poland without Polish citizenship is not a rhetorical question - it is as possible to do. It is only necessary to go through a certain procedure, which for non-Polish citizens may differ slightly in details (e.g. other documents to show), but in general it is the same as for citizens of the Republic of Poland.

In conclusion, the cvalified electronic signature is becoming, for foreigners in Poland key to full participation in the digital circulation of documents - from official matters to business. If you're considering getting one, it's worth learning the details of the process so that everything goes smoothly.

In our next post we will show you specifically how to obtain a qualified electronic signature in Poland as a foreigner - step by step. There you will learn what formalities you need to meet and get practical first-hand tips. Don't miss this article if you care about going through the quick and correct the procedure for obtaining a qualified signature for foreigners.

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Learn more about the procedure for obtaining a qualified signature.

If you plan to do business or deal with official matters in Poland as a foreigner, a qualified electronic signature is your must-have!

 

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