The work to make a individual application for the PESEL number excludes the anticipation for a proxy to act, although specified a solution is simply a standard in administrative proceedings. The PESEL number and its related Trusted Profile are now essential for the performance of core corporate responsibilities by board members. In practice, fresh regulations prevent many non-EU foreigners from starting or conducting business activity in Poland, especially for people surviving abroad and serving in Polish companies belonging to global capital groups.
– We would like to call for the anticipation of obtaining a PESEL number by a proxy or the introduction of distant identity confirmation methods based on qualified electronic identification. We besides propose to make a simplified procedure for foreigners acting on the boards of Polish companies – says Nadia Winiarska, expert of the Confederation of Leviathan.
The fresh rules do not correspond to the realities of a modern, cross-border governance model that is common in global business. Additional formalities may weaken Poland's competitiveness in the fight for abroad capital.
The Confederation of Leviathan points out that many European countries are utilizing more flexible solutions. In Norway, part of the recognition procedures can be carried out remotely, in Sweden the function on the boards of companies does not require a local recognition number and the Netherlands allows simplified recognition models adapted to the nature of the foreigner's activities.
– A more flexible model of recognition of foreigners will let to reconcile legal safety with maintaining Poland's attractiveness to abroad investors. We declare our readiness to cooperate with the Ministry of Interior and Administration on solutions that, on the 1 hand, will guarantee effective recognition of foreigners and the fulfilment of the state's safety objectives, and, on the another hand, will stay proportionate, predictable and friendly to entrepreneurs operating in Poland," added Nadia Winiarska.
Confederation of Leviathan
