Since the end of October last year, activities for companies or trusts have been regulated activities. This means the obligation to obtain an entry in the register. Does it also apply to developers?
As the law currently stands, conducting activity for the benefit of companies or trusts involves the necessity to provide an office, an address for conducting business activity as well as other related services.
This in turn opens up the question of whether development companies are also required to obtain registration. Obviously, if within the framework of their business activity they provide premises to another company, even if it is a subsidiary.
The Ministry of Finance, at the request of the Polish Association of Real Estate Development Companies (Polski Związek Firm Deweloperskich), stated that the lease of space is not the same as the provision of an office or an address for business operations.
Therefore, developers providing their registered office to another company can be considered as not carrying on a regulated activity for the benefit of companies or trusts. However, it is important to note that THIS INTERPRETATION IS NOT BINDING.