The owner's consent to operate in the rented premises

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What information in CEIDG

When registering a business, a future entrepreneur is generally obliged to submit the CEIDG-1 form. The form should include information about the company's registered office address, additional places of business or even a correspondence address. In a situation where the premises in which the business will be conducted is rented, the question arises whether the owner's consent to operate in the rented apartment is needed?

How is an entry in CEIDG made?

Entry in the CEIDG is made on the basis of the regulations contained in the Act of March 6, 2018 on the Central Register and Information on Economic Activity and the Information Point for Entrepreneurs and is of a declaratory nature. It is not an administrative decision determining the seat and place of business. Importantly, the registration authority does not investigate and does not interfere in civil law relations between a person commencing business activity and other entities in the scope of this activity.

Pursuant to Art. 16 sec. 1 above of the Act, it is presumed that the data entered in CEIDG are true. Therefore, the data reported by the future entrepreneur should be reliable and consistent with the facts. It should be borne in mind that in the event that the information provided is false, the recording authority may delete the company from the register. Such a right results from Art. 29 sec. 1 point 3 of the Act on the Central Register and Information on Economic Activity and the Information Point for Entrepreneurs.

The owner's consent to operate in the rented premises

The taxpayer renting the premises where the business is to be conducted should have a legal title allowing him to use the premises. It may be: a lease contract, ownership right, lending contract, perpetual usufruct, etc., which results from the regulations contained in the Civil Code.

To sum up, at the stage of registration with CEIDG there is no requirement to present a legal title to the premises or real estate. However, the future entrepreneur should remember about the obligation to provide factually correct information in the registration application.