Why Poland?

• Human capital: highly skilled and young labour force (26.5 million inhabitants under the age of 55).
• Large domestic market (6^th largest country in Europe in terms of area and population).
• Academic hub (1.32 million students; 335 thousand graduates annually).
• Rapidly developing infrastructure (4^th longest road network in Europe).
• Business-friendly environment (1^st place in the CEE region as most attractive country to establish operations).
• Attractive incentives (up to 15 years CIT free).

Chinese businesses in Poland

Chinese companies show a growing interest in investing in Poland with currently more than 3,000 Chinese companies registered in Poland. According to the National Bank of Poland, at the end of 2018, Chinese companies controlled investments in Poland worth almost $1 billion, and in 2019 alone the Chinese invested about $30 million in Poland, mostly in the manufacturing and automotive sectors. Greenfield projects are also currently underway (e.g. a factory producing electrolytes for batteries and lithium-ion batteries).

The Polish Investment and Trade Agency (PAIH) is carrying out 22 projects with Chinese investors, among others in e-mobility, automotive, machinery, business services, textile, means of transport, biotechnology and chemical industries. Their total value reaches almost 2.2 billion EUR, i.e. ca. 10 billion PLN, with Chinese declaring intending to employ over 10 thousand people in the near future.

A growing number of Chinese entities are deciding to open factories in Poland, owing to a number of factors, such as Poland’s convenient location and its infrastructure connecting the region with the automotive powerhouse – Germany, free access to the EU market, the low cost of qualified labour force and favourable government policy (grants, tax reliefs, support for the investment process).

Kochański & Partners: Chinese Desk

The dedicated China Desk team have extensive experience serving Chinese entities in the Polish market and Polish entities in China, in areas as diverse as energy, transport, pharmaceutics and new technologies. Our specialists are all dual graduates of both Asian and Polish universities, well-versed in Chinese business etiquette. Understanding of Chinese business and legal culture enables us to support companies at every stage of their entrepreneurial activity, offering solutions tailored to their business needs and expectations.

The team actively participates in all major China-related economic events, and can comprehensively, professionally and individually advise clients in all areas of doing business both in Poland and China.

Jacek Kozikowski, PhD, LL.M., specialises in energy & infrastructure projects with particular focus on greenfield investments. Jacek is responsible for the Firm’s relations with Chinese clients and advises Chinese businesses on their energy, transport and pharmaceutical projects in Poland. Prior to joining Kochański & Partners, Jacek spent several years in Asia and was awarded his PhD degree in International Investment Law from Nagoya University, Japan.

Aleksandra Ryżkowska, LL.M., specialises in delivering business advisory to Chinese and Polish operators. She holds a Master of Laws degree in Chinese Comparative Law from China University of Political Science and Law, Beijing. During her 2-year stay in China, she also gained professional experience as an intern at the Embassy of the Republic of Poland in Beijing, focusing on Polish-Chinese economic cooperation.

How we can help

We have extensive experience in assisting clients investing on the Polish and Chinese markets. Our in-depth understanding of Chinese business culture and knowledge of the language enables us to support businesses at every stage of their entrepreneurial activity, offering solutions tailored to their business needs and expectations.

We are active in the sectors of the economy which are key to Chinese companies:

• automotive,
• technology,
• energy,
• food,
• aviation and railways, engineering,
• research and development,
• shared services centres.

Our comprehensive support covers, among others, the following areas:

• public procurement,
• implementation of greenfield and brownfield investments,
• transaction services,
• comprehensive day-to-day legal services and business consultancy,
• advice on employment and tax issues,
• assessment of the possibility of using tax incentives, including the IP Box and R&D tax reliefs,
• obtaining state subsidies.

Selected experience

1. Chinese pharmaceutical group
   Comprehensive advice to a Chinese company on the marketing of a generic product in Poland. Representation of a Chinese pharmaceutical giant in its entry into the European market by establishing its European base for operations in Poland and distribution throughout Western Europe including the UK, France, Italy, Spain, and Germany. Our advice included establishing a European corporate structure, full coordination of European operations and all aspects of marketing medicinal products including regulatory, IP issues, etc.
2. Chinese investment fund focusing on renewables
   Comprehensive legal advice in connection with a Client’s wind farm project located in Poland. Our assistance included obtaining administrative decisions and construction permits for the wind farm, and connection to the distribution system and national grid. Kochański & Partners assisted the Company in setting up a distribution company and preparing the documentation necessary to obtain a licence for energy distribution. Kochański & Partners also assisted the Company in preparing tender documentation and represented it in the tender process and, finally, assisted the Client in negotiations with the Polish Transmission System Operator concerning connecting the Client’s distribution system to the national transmission grid.
3. Chinese energy group
   Legal advice related to the establishment of a branch office in Poland, regulatory analysis of the investment process in Poland. Legal support to the Client in an EPC project regarding the construction of a CHP plant in Poland.
4. Chinese railway transportation & logistics company
   Assisting the Client in a project to develop an intermodal logistics centre in Poland. Our support included transaction advisory, due diligence of the target project company, corporate advice, etc.