In the last phase of the PPK (Employee Capital Plans) implementation it turned out that foreign entities, which do not have a seat, branch or representative office in Poland, but employ staff in Poland, had problems with concluding an agreement on PPK management.

Such entities usually do not have Polish NIP (taxpayer identification number) or REGON (National Business Registry Number) identification numbers, which turned out to be a practical obstacle in establishing PPK. Financial institutions refused to conclude agreements with such entities on PPK management, and the only solution was to conclude an agreement with an institution run by PFR (Polish Development Fund). At the same time, the provisions themselves, due to their laconic character, created a whole range of practical problems.

Theoretically, the solution was to be the possibility of transferring the duties concerning establishing and running PPK to the employees employed by them on the basis of an agreement concluded with such employees. However, this required the consent of those employees, and not the employees agreed to take over PPK responsibilities.

The problems of foreign entities were to be addressed by an amendment to the PPK Act. However, the amendment got stuck in the parliament, and the deadline for the last group of employers to conclude an agreement on PPK management expired on the 23rd of April 2021. Moreover, the amendment itself created additional doubts.

Read more in the article by Łukasz Kuczkowski and Magdalena Skwara "Foreign employers had a problem with establishing PPK (Employee Capital Plans)" for Dziennik Gazeta Prawna (article from the 6th of May2021).