ACT
of 24 March 1920
on the Acquisition of Real Estate by Foreigners
(The texts in English version are not official ones and are presented for information purposes only.)
Art. 1. 1. The acquisition of real estate by a foreigner requires a permit. A permit is issued through an administrative decision by a minister competent in internal affairs, with the consent of the Minister of National Defence, and in the case of agricultural real estate, also with the consent of a minister competent in the country development.
1a. A refusal to issue a permit provided for in paragraph 1 shall be expressed, through a decision, within 14 days of providing an interpellation by a minister competent in internal affairs. In particularly justified cases, a minister competent in internal affairs, upon the motion of a body entitled to objection, extends the period of lodging thereof to two 2 months within the day of providing an interpellation by a minister competent in internal affairs.
1b. A refusal to issue a permit provided for in paragraph 1 shall not require to address the Minister of Defense or a minister competent in the country development.
2. A foreigner in the meaning of this Act shall mean:
1) a natural person not possessing Polish citizenship;
2) a legal person having its seat abroad;
3) a company not being a legal person, of persons provided for in items 1 or 2, having its seat abroad, established in compliance with the legislation of foreign states,
4) a legal person and a commercial partnership not being a legal person, having its seat on the territory of the Republic of Poland, controlled directly or indirectly by persons or companies provided for in items 1, 2 and 3.
3. In case of a commercial partnership, controlled company, in the meaning of the Act, shall mean a company in which a foreigner or foreigners directly or indirectly possess over 50 per cent of votes at the partners assembly or a general assembly, also as gagee, user or upon the basis of agreements with other persons, or have dominating status in the meaning of Article 4 § 1 item 4 letter b) or e) of the Act of 15 September 2000 – Code of Commercial Partnerships (Journal of Laws No 94, item 1037 as amended).
as a controlled company in the event of a commercial company.
4. The acquisition of real estate within the meaning of this Act shall be the acquisition of the right of ownership to real estate or the right of perpetual usufruct on the basis of any legal event.
5. The acquisition of a second house within the meaning of this Act shall be the acquisition by a foreigner provided for in Article 1, paragraph 2 item 1, real estate destined for development or recreational purposes, which shall not constitute a permanent residence of the foreigner. This shall not apply to the acquisition of a separate living accommodation in the meaning of the Act of 24 June 1994 on premises ownership (Journal of Laws of 2000, No 80, item 903).
Art. 1 a. 1. A permit provided for in Article 1, paragraph 1, is issued upon the motion by a foreigner if:
1) acquisition of real estate by a foreigner does not pose threat to the defensiveness, national security or public order, and is not in opposition with social policy and public health considerations,
2) the foreigner proves that there arise circumstances confirming the bonds whereof with the Republic of Poland.
2. Circumstances confirming a foreigner’s bonds with the Republic of Poland may include, in particular:
1) possessing Polish nationality or Polish origin,
2) celebrating marriage with a citizen of the Republic of Poland,
3) possessing a permit to reside for a definite time or to settle,
4) possessing membership of a managing body of entrepreneurs provided for in Article 1, paragraph 2 item 4,
5) conducting business of agricultural activities on the territory of the Republic of Poland in compliance with the provisions of Polish legislation.
3. A motion for the issuance of a permit shall contain:
1) determination of the motionist and legal status whereof,
2) determination of the real estate to be acquired,
3) determination of the seller,
4) description of the legal form of acquisition of real estate,
5) information on purpose and possibility of acquisition of real estate.
4. The motion provided for in paragraph 3, a foreigner applying for the issuance of permit shall append with documents confirming circumstances stated in the motion and circumstances provided for in paragraph 2, as well as any other documents enabling determination of fidelity of acquisition of real estate.
5. Area of the real estate acquired by a foreigner in order to provide for the living needs whereof may not exceed 0.5 ha, and in the case provided for in Article 1 a, paragraph 2 item 5, it shall be justified by actual needs arising from the nature of the business activity conducted.
6. Acquisition of agricultural real estate by foreigners shall also be effected with observance of the provisions of The National Agricultural Constitution Act of 11 April 2003 (Journal of Laws No 64, item 592).
Art. 2. 1. Minister of Internal Affairs prior to the issuance of a decision on permit may:
1) demand the presentation of evidence and information necessary to consider the motion and to perform the verification provided for in item 2,
2) perform, also with the assistance of competent bodies of government administration, verification whether the acquisition of real estate by a foreigner does not pose threat to the defensiveness, national security or public order, and is not in opposition with social policy and public health considerations, and whether it is in accordance with the interest of the State.
2. Minister of Internal Affairs may define in the permit special conditions for the foreigner intending to acquire real estate, on the fulfillment whereof the possibility to acquire real estate shall be conditioned.
Art. 2 a. Minister competent for internal affairs may address bodies of public administration, professional organizations and state institutions other than provided for in Article 2, paragraph 1 item 2, to express their opinion and provide documents and information, in particular contained in the record of land and buildings, necessary for the implementation of the assignments provided for in Article 1, paragraph 1, Article 3 a, and Article 8, paragraph 4.
Art. 3. 1. A permit shall in particular specify:
1) the buyer and seller,
2) subject of acquisition,
3) special conditions in the situation provided for in Art. 2, paragraph 2.
2. A permit is valid for two years of the issuance thereof.
Art. 3a. A decision on a permit to acquire real estate located in the special economic area, established upon the basis of separate regulations, shall be issued within one month of the day of producing the motion by the party.
Art. 3b. Proceedings concerning the issuance of a permit shall be terminated upon the application of the foreigner upon the basis of the motion whereof it has been initiated, and also if the owner or perpetual usufructuary declares that they do not intend to transfer it to the foreigner applying for a permit.
Art. 3c. A body issuing the decision or resolution in the proceedings pending upon the basis of the regulations of this Act may desist from factual justification if the defensiveness or national security require thereof.
Art. 3d. 1. A foreigner intending to acquire real estate may apply for a promise of the issuance of a permit, hereinafter the ‘promissory note’. Provisions of Articles 1 – 3c apply to the promissory note accordingly.
2. A promissory note is valid for one year of the day of the issuance thereof.
3. A promissory note may also be issued upon the motions of the founders of the subject provided for in Article 1, paragraph 2 item 4.
4. During the validity period of the promissory note, the issuance of a permit may not be refused unless the actual state important to the decision on the matter has changed.
Art. 3e. 1. Acquisition or seizure by a foreigner of shares or stocks in a commercial partnership seated on the territory of the Republic of Poland, as well as any other legal action concerning shares or stocks requires a permit by a minister competent in internal affairs, if as a result thereof the company being the owner or perpetual usufructuary on the territory of the Republic of Poland becomes a controlled company.
2. Acquisition or seizure by a foreigner of shares or stocks in a commercial partnership seated on the territory of the Republic of Poland, as well as any other legal action concerning shares or stocks requires a permit by a minister competent in internal affairs, if the company is a controlled company, and the shares or stocks are acquired or seized by a foreigner not being a shareholder or a stockholder of the company.
3. Provisions of paragraphs 1 and 2 shall not apply to cases in which stocks of a company have been admitted to public trading, or the company is the owner or perpetual usufructuary of the real estate provided for in Article 8, paragraph 1 items 1, 1a and 5, subject to Article 8 paragraph 3.
4. Provisions of Articles 1 – 3d shall apply to the permit provided for in paragraphs 1 and 2 accordingly.
5. A motion for the issuance of a permit provided for in paragraphs 1 and 2 shall, beside information provided for in Article 1 a, paragraph 3 items 1 and 3, additionally contain:
1) determination of the company the shares (stocks) whereof are acquired, seized, or are subject to any other legal action,
2) determination of the company that, as a result of the acquisition of the shares (stocks) or any other legal action concerning shares (stocks) of any other commercial partnership, will become a controlled company,
3) determination of the real estate constituting the property or perpetual usufruct of the company to become a controlled company, or the shares (stocks) whereof are acquired or seized by foreigners,
4) determination of the manner of acquisition or seizure of shares (stocks) or any other legal action concerning shares (stocks) in a company, as result whereof the company being the owner or perpetual usufruct of the real estate on the territory of the Republic of Poland will become a controlled company.
Article 3f. A minister competent in internal affairs shall determine, through an order thereof,:
1) types of documents provided for in Article 1 a, paragraph 4,
2) detailed information concerning circumstances stated in the motion,
3) templates of declarations produced by foreigners with regard to proceedings conducted by a minister competent in internal affairs, concerning the issuance of a permit, and lists attached to the declarations – considering different scope of information and documents produced by foreigners provided for in Article 1, paragraph 2.
Art. 4. A minister competent in internal affairs provides the Sejm annually, by March 31, with detailed information on the realization of the Act, in particular on the number of permits issued, type and area as well as territorial localization of the real estate they regard, and number of negative decisions on the issuance of permits.
Art. 5. Without producing a permit by Minister of Internal Affairs, and in case of establishing special conditions in the permit – also official documentary evidence on the fulfillment thereof, one may not conduct legal actions or entries of rights of property or rights of perpetual usufruct.
Art. 5a (deleted)
Art. 6. 1. Acquisition of real estate by a foreigner in breach of the Act is not valid.
2. In case of acquiring real estate in breach of the Act, a court shall rule upon the invalidity of acquisition, also upon request of ahead of village relevant due to localization of real estate (a mayor or a president of a city), district governor, voivodeship marshal or voivode, or upon request of a minister competent in internal affairs.
3. Provisions of paragraphs 1 and 2 apply accordingly to acquisition or seizure of shares or stocks in a commercial partnership in breach of the provisions of Article 3e, yet the request provided for in paragraph 2 may also be sent in for by any shareholder or stockholder of the company.
Art. 7. 1. Regulations of the Act shall not apply to the transformation of a commercial partnership, in the meaning of the provisions of heading IV, section III of the Act of 15 September 2000 – Code of Commercial Partnerships.
2. Regulations of the Act shall not apply to acquisition of real estate through inheritance by persons entitled to statutory succession. If national legislation of the bequeather does not provide for statutory succession, Polish legislation shall apply in the scope thereof.
3. If a foreigner, who has acquired real estate constituting part of inheritance upon the basis of last will, does not obtain a permit by a minister competent in internal affairs upon the basis of a motion lodged within two years of the day of opening the estate, the right of property or right of perpetual usufruct of the real estate shall be acquired persons that would be entitled to the succession by statutory law.
4. Provisions of paragraphs 2 and 3 shall apply accordingly to shares or stocks of a commercial partnership being the owner or perpetual usufruct of real estate on the territory of the Republic of Poland.
Art. 7a (deleted)
Art. 8. 1. The following do not require to obtain permission, subject to paragraph 3,:
1) acquisition of a separate living accommodation in the meaning of the Act of 24 June 1994 on the Ownership of Premises (Journal of Laws, No 85, item 388).
1a) acquisition of separate business premises destined for garages or share in such premises, if it relates to providing for the living needs of the purchaser or owner of the real estate or separate living accommodation.
2) acquisition of real estate by a foreigner residing in the Republic of Poland for at least 5 years following the granting of a permit to settle thereto,
3) acquisition by a foreigner, being the spouse of a Polish citizen and residing in the Republic of Poland for least 2 years following the granting of a permit to settle thereto, of real estate that as a result of acquisition shall constitute marital estate of the spouses,
4) acquisition of real estate by a foreigner, if on the day of acquisition they are entitled to statutory succession from real estate transferor, and the real estate transferor has been the owner or perpetual usufructuary thereof for at least 5 years,
5) acquisition by a subject provided for in Article 1, paragraph 2 item 4, for their statutory purposes, of undeveloped real estaty that the total area whereof in the whole of the country does not exceed 0.4 ha within cities,
6) acquisition of real estate by a foreigner, being a bank and simultaneously mortgagee, through the seizure of real estate for ownership due to unsuccessful auction in execution proceedings,
7) acquisition or seizure by a bank, being a legal person provided for in Article 1, paragraph 2 item 1, of shares or stocks in a company provided for in Article 3e, due to the bank’s claims resulting from performed banking actions.
2. It is not obligatory to obtain a permit by foreigners being citizens or entrepreneurs of Member States of the European Economic Area, except for the acquisition of:
1) agricultural and forest real estate, during the period of 12 years of the Republic of Poland Accession to the European Union,
2) second house, during the period of 5 years of the Republic of Poland Accession to the European Union.
2a. It is not obligatory to obtain a permit by foreigners being citizens of Member States of the European Economic Area in the periods provided for in paragraph 2, in case of:
1) acquisition of agricultural real estate located in:
a) the dolnośląskie, kujawsko-pomorskie, lubuskie, opolskie, pomorskie, warmińsko-mazurskie, wielkopolskie, zachodnio-pomorskie voivodeships, upon 7 years of concluding an agreement of lease with stated date, if during this period they conducted agricultural activities in person and legally dwelled on the territory of the Republic of Poland,
b) the lubelskie, łódzkie, małopolskie, mazowieckie, podkarpackie, Podlaskie, śląskie, świętokrzyskie voivodeships, upon 3 years of concluding an agreement of lease with stated date, if during this period they conducted agricultural activities in person and legally dwelled on the territory of the Republic of Poland,
2) acquisition of second house:
a) if the buyer has legally, continually been residing for at least 4 years on the territory of the Republic of Poland,
b) in order to conduct economic activity involving the provision of tourist services.
2b. Citizens of Member States of the European Economic Area, being on the day of the Republic of Poland obtaining membership in the European Union the shareholders or stockholders of commercial partnership seated on the territory of the Republic of Poland, may include in the lease periods provided for in paragraph 2a item 1 the lease period of farmland by the partnership, if during this period, being the shareholders or stockholders of the company, they conducted agricultural activities in person and legally dwelled on the territory of the Republic of Poland.
3. Exemptions provided for in paragraph 1 do not apply to real estate located in border area and agricultural real estate of area exceeding 1 ha.
4. A minister competent in internal affairs shall keep a register of real estate, shares and stocks acquired or seized by foreigners without a permit in cases provided for in paragraphs 1, 2 and 2a, as well as a register of real estate, shares and stocks acquired or seized by foreigners upon the basis of required a permit provided for in Article 1, paragraph 1, and Article 3e, paragraphs 1 and 2.
5. Council of Ministers shall establish through ordinance the manner of proceeding in detailed regulations concerning the keeping of registers provided for in paragraph 4.
Art. 8a. 1. A notary public shall send a minister competent in internal affairs, within 7 days of the day of delivery thereof, an abstract from an authenticated deed, by virtue whereof a foreigner has acquired or seized real estate, shares or stocks in a company being the owner or life estate user.
2. Provisions of paragraph 1 applies accordingly to court, if acquisition of real estate has taken place upon the basis of a valid ruling and when acquisition or seizure of shares or stocks is subject to entering in the entrepreneurs register.
Art. 9 (deleted).
REGULATION
OF MINISTER OF INTERNAL AFFAIRS AND ADMINISTRATION
of 26th April 2004.
on detailed information and types of documents, which a foreigner, applying for a permission to purchase real estate, is obliged to present.
(The texts in English version are not official ones and are presented for information purposes only.)
On the basis of art. 3f of the law of 24th March 1920 on purchase of real estate by foreigners (The Journal of the Laws of 1996 No. 54 with later amendments ) the following is decreed:
§ 1. The regulation stipulates:
1) detailed information, regarding circumstances, indicated in the application for granting permission, mentioned in art. 1a item 3 and in art. 3e item 5 of the law of 24th March, 1920 on purchase of real estate by foreigners, hereunder called „the law”,
2) types of documents, which a foreigner, who applies for the permission, is obliged to attach to the application for granting permission;
3) sample statements, submitted by foreigners in connection with proceedings concerning granting permission carried by Minister, in charge of internal affairs and lists of real estate, attached to these statements.
§ 2. Application for granting permission to purchase real estate should include detailed information, regarding:
1) details of the applicant:
a) in case of natural persons – citizenship and address of the place of residence,
b) in case of legal persons and companies without a legal personality – address of their seat, object of activity, first and last names of members of the board, and also information regarding partners, or stakeholders or shareholders with stated
- in case of natural persons – first name and surname, citizenship and address of the place of residence,
- in case of legal persons and companies without a legal personality – address of their seats and percentage number of votes, possessed by separate stakeholders or shareholders at shareholders meeting or general shareholders assembly;
2) details of the real estate, being purchased:
a) in case of land – street, locality, gmina and district, number of plot’s register, surface in hectares, number of real-estate register and features of development of the plot,
b) in case of buildings – the number of building, street, locality, gmina and district,
c) in case of premises, with separate ownership title – number of the building and premises, street, locality, gmina and district, usable area of the premises in square meters and a share in the common real estate, where the premises are situated;
3) details of the seller:
a) in case of natural persons – address of the place of residence,
b) in case of legal persons– address of the seat, together with legal title to the real estate, being sold;
4) statement of the type of the act of law for purchasing the real estate;
5) justification of the purposes, for which the real estate will be used.
§ 3. The foreigner, mentioned in art. 1 item 2 point 2-4 of the law , besides information, mentioned in § 2, should state in the application for granting permission:
1) the type of investment or economic activity, which is to be performed in the real estate, being purchased;
2) source of financial means for purchase of the real estate.
§ 4. 1. The foreigner, who applies for granting a permission to purchase real estate is obliged to attach the following documents to the application, mentioned in § 2:
1) documents defining the legal status of the person:
a) in case of natural persons – a copy of document, confirming their identity, with stated citizenship, place of birth and address of the place of residence, and if the person conducts economic activity– also an extract from appropriate register or files,
b) in case of legal persons and companies without legal personality – a copy or an extract from appropriate register;
2) documents defining the real estate:
a) a copy from the real-estate register or a certificate from a collection of documents,
b) extract from land register together with a sketch of the map from files,
c) in case the purchased real estate was created as a result of a merger or division – a list of land changes or a decision, confirming division or merger of the real estate,
d) an extract, a certificate from binding spatial development plan, and in case of its shortage – from elaborated study;
3) a certificate of the seller, expressing the will to sell the real estate to the foreigner, and in case of a purchase of real estate as a result of merger (division) of companies – agreed merger (division) plan, together with drafts of resolutions on merger (division) and draft articles or statutes of taken over, separated or newly established company.
2. A foreigner, applying for permission to purchase agricultural real estate is additionally obliged to supply a statement of Agricultural Property Agency, that it has not entertained or does not intend to entertain its rights, resulting from the law of 11th April 2003 on shaping of agricultural organisation (The Journal of the Laws No. 64, item 592) connected with the right of pre-emption of the concerned real estate.
3. The foreigner, who applies for granting a permission to purchase premises, which has a separate ownership title is not obliged to attach to the application documents, mentioned in item 1 point 2 letter b - d.
§ 5. 1. If, in the application for issuance of permission to purchase the real estate the foreigner indicated circumstances, stipulated in art. 1a item 2 point 4 of the law, the foreigner is obliged to attach the following documents to the application:
1) a copy or an extract from the register of companies of the National Court Register for the entrepreneur, in which the foreigner serves a function of a member of a managing body or a certificate from the register of economic activity;
2) a certificate from appropriate treasury office, stating that the buyer is not in arrears with payment of budgetary dues;
3) a certificate from appropriate division of Social Insurance Institution stating that the buyer is not in arrears with payment of contributions to Social Insurance Fund.
2. If in the application for issuance of the permission to purchase real estate, the foreigner indicated circumstances stipulated in art. 1a item 2 point 5 of the law, the foreigner is obliged to attach documents confirming performance of economic or agricultural activity, especially copies of obtained licenses and permissions in the territory of the Republic of Poland.
§ 6. The foreigner, mentioned in art. 1 item 2 point 2-4 of the law, applying for issuance of the permission to purchase real estate, regardless the documents, mentioned in § 5 is also obliged to present documents indicating possession of financial means for purchase of the real estate and possibilities of financing the activity:
1) a certificate from the bank, where the main current account of the buyer, or its stakeholders or shareholders is carried, defining the amount of possessed financial means and its credit worthiness and solvency,
2) a certificate from the appropriate treasury office stating that the buyer is not in arrears with payments of budgetary dues;
3) a certificate from appropriate division of Social Insurance Institution stating that the buyer is not in arrears with payment of contributions to Social Insurance Fund.
§ 7. Application for issuance of the permission, mentioned in art. 3e of the law should include detailed information regarding:
1) details of the buyer of shares or stocks, including shares or stocks, or parties of other legal actions related to shares or stocks:
a) in case of natural persons – first name and surname, citizenship and address of the place of residence,
b) in case of legal persons and companies without legal personality – address of their seat, object of activity, first and last names of board members, and also information concerning partners, stakeholders or shareholders with information about:
- in case of natural persons – first and last name, citizenship and address,
- in case of legal persons – address of their seat, and percentage number of votes, possessed by separate stakeholders or shareholders at shareholders meeting or general shareholders assembly;
2) providing details about the company, which shares or stocks are being purchased, taken over or object of other legal actions with indication of the address of its seat, object of activity, amount of initial capital, members of the board, stakeholders or shareholders, stating:
- in case of natural persons – first and last name, citizenship and address,
- in case of legal persons – address of their seat,
and percentage number of votes, possessed by separate stakeholders or shareholders at shareholders meeting or general shareholders assembly;
3) details of companies, with the seat in the territory of the Republic of Poland, which own or are a perpetual user of the real estate in the territory of the Republic of Poland, which as a result of purchase, take over of shares or stocks or other legal action related to shares or stocks of another commercial company become controlled companies, according to the law, regardless information, mentioned in point 2;
4) definition of the real estate owned or used perpetually by the company, with a seat in the territory of Poland, which becomes a controlled company or which shares or stocks are purchased or taken over by foreigners, with indication of the place of its location:
a) in case of land – street, locality, gmina and district, number of plot’s register, surface in hectares, the number of real-estate register and features of development of the plot,
b) in case of buildings – the number of the building, street, locality, gmina and district,
c) in case of premises, with separate ownership title – number of the building and premises, street, locality, gmina and district, usable area of the premises in square meters and share in common real estate, where the premises are situated;
5) details of the seller with indication of address of the place of residence in case of natural persons or the address of the seat in case of legal persons;
6) definition of:
a) the method of purchasing or taking over shares or stocks with indication of their quantities or statement of the quantity of votes in percentage, which corresponds to the amount of purchased or taken over shares or stocks,
b) another legal action related to shares or stocks in the company, in result of which the commercial company, with a seat in the territory of the Republic of Poland, which is the owner or perpetual user of the real estate, in the territory of the Republic of Poland, becomes a controlled company.
§ 8.1. The foreigner, who applies for issuance of the permission, mentioned in art. 3e of the law is obliged to attach the following documents to the application:
1) documents defining his legal status:
a) in case of natural person – an extract or a copy the document, confirming the identity with indication of citizenship and address of the place of residence, and if the person conducts business activity – also an extract from appropriate register or files,
b) in case of legal persons and companies without legal personality– a copy or an extract from the appropriate register;
2) documents defining the legal status of the company, to the shares or stocks of which the application is related:
a) an extract from the National Court Register,
b) articles or statutes of the company with all changes or a unified text,
c) current extract from the register of shares or shareholders’ register,
3) documents defining the legal status of the seller of shares or stocks:
a) in case of natural persons – a document confirming the identity with indication of citizenship, place of birth and address of residence,
b) in case of legal persons and companies without legal personality – a copy or an extract z from the appropriate register of companies;
4) documents defining the real estate, which is owned or used perpetually by the company, which becomes a controlled company or which shares or stocks are purchased or taken over by foreigners:
a) an extract from real-estate register,
b) an extract from land register together with a sketch of the map from files ,
c) in case when the purchased real estate was created as a result of a merger or division – a list of land changes or a decision approving a division or merger of the real estate,
d) an extract from currently binding spatial development plan, and in case of its shortage – from an elaborated study;
5) a statement of the seller of shares or stocks expressing the will to sell them to the buyer, with indication of the form of sale and quantity of the sold shares or stocks with a statement of the number of votes in the shareholders meeting, corresponding to them, a in case of a purchase or take over of shares or stocks in the process of merger or division of companies – the agreed plan of their merger or division together with drafts of laws on merger or division and a draft of articles or statues of the taken over, separated or newly established company.
2. The foreigner applying for obtaining a permission to purchase or take over shares or stocks of the company, which is the owner of the premises, constituting a separate object of ownership is not obliged to attach to the application documents, mentioned in item 1 point 4 letter b-d.
§ 9. In case when the buyer or seller of shares or stocks is a foreigner in the light of art. 1 item 2 point 2-4 of the law, irrespectively of documents defined in § 10 he is also obliged to submit a statement of the buyer or seller, prepared according to the sample, constituting attachment no. 1 to the regulation.
§ 10.1. The foreigner applying for issuance of the permission to purchase not less than fifteen real properties submits a statement with the list of real properties, being purchased, according to the sample, given in attachment no. 2 to the regulation, instead of documents, mentioned in § 4 item 1 point 2.
2. The foreigner applying for issuance of the permission, mentioned w art. 3e of the law, in case when the company, which shares or stocks are purchased or taken over, or which becomes a controlled company, is the owner or perpetual user of not less than fifteen real properties submits a statement together with a list of real estate constituting property or being used perpetually by the company, according to the sample stipulated in attachment no. 3 to the regulation, instead of documents, mentioned in § 8 item 1 point 4.
§ 11.1. Copies of documents, mentioned in this regulation, are attached to the application for issuance of the permission to purchase real estate certified for their compliance with the original.
2. Documents in foreign languages should be submitted together with translation into Polish, certified by a sworn translator.
3. Documents, mentioned in § 4 item 1 point 1 letter b, in § 5 item 1, in § 6, in § 8 item 1 point 1 letter b and in point 2 letter a and point 3 letter b should be issued not later than 3 months before the date of submitting the application.
4. Documents, mentioned in § 4 item 1 point 2 and § 8 item 1 point 4 should be issued not later than 6 months before the date of submitting the application.
§ 12. The regulation comes in force on the date of its publication.
MINISTER OF INTERIOR AND ADMINISTRATION
1. Minister of Internal Affairs and Administration manages the department of government administration – internal affairs, on the basis of § 1 item 2 point 2 of the regulation of Chairman of the Council of Ministers of 14th March 2002 on detailed scope of actions of Minister of Internal Affairs and Administration (Journal of the Laws No. 35, item 325 and No. 58, item 533)
2. Amendments of the mentioned law were published in the Journal of the Laws of 1996 item 245, of 1997 No. 140, item 939, of 1998 No. 106, item 668, of 2001 No. 16, item 166, of 2002 No. 113, item 984, of 2003 r., No. 128, item 1175, of 2004 r No. 49, item 466.
Attachments to the Regulation of Minister of Internal Affairs and Administration (pdf)
Council decision of 30 March 2004 concerning the provisional application of the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area and the provisional application of four related agreements (2004/368/EC) (.pdf)
website text version - WAI
