PKD is an abbreviation for Polska Klasyfikacja Działalności i.e. Polish Classification of Activity. It is a code that is made out of five-character code that describes the activities of the company. Each entrepreneur at the time of incorporation of the company shall choose the PKD codes, so that the authorities know what type of activity will the company conduct. There are no limits as to the amount of PKD codes that may be chosen in the articles of association of a Polish company. However, the limits as to the amount of PKD codes that may be chosen are provided at the time of registration of the company in the National Court Register. The maximum number of PKD codes that may be chosen is 10.
Forbidden PKD codes for a Polish Ltd.
Even though, it seems there are no restriction as to the amount and type of codes that may be stated in the articles of association, one shall remember that there are certain activities that may not be conducted by a limited liability company. That is why, among others, following PKD codes shall not be used in the articles of association of a Polish Limited liability company:
- PKD 64.11.Z – Central Banking;
- PKD 65.11.Z – Life insurance;
- PKD 65.20.Z -Reinsurance;
- PKD 65.30.Z – Pension funding;
- PKD 66. 11.Z – Administration of financial markets;
- PKD 85 – Education;
- PKD 94.12.Z – Activities of professional organisations;
- PKD 99 – Extraterritorial organisations and bodies.
PKD codes in the National Court Register
As mentioned above, there are limits as to the amount of PKD codes that may be chosen at the time of registration of the company. There are maximum 10 codes that may be chosen in the application of registration of the company. It is also important to remember that the main activity of the company also has to be chosen. Such main activity has to be in the form of a subclass such as 69.10.Z. Besides the main activity the company may choose 9 other PKD codes and those do not have to be in a form of a subclass.
There are certain activities that may be chosen in the articles of association but there is a requirement to obtain license or authorization to conduct such activities. If such codes are listed in the articles of association it is worth adding following clause to the wording of the articles:
“If, to undertake a specific type of activity, it is necessary to obtain an authorisation or license, or if such activity may be performed only with the assistance of persons having the required qualifications or after obtaining an entry in the register kept by a competent authority, the Company will undertake such activity after obtaining the relevant authorization or licenses or activities such will be conducted by authorized persons or after being entered in the register kept by the competent authority.”
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