Family foundations in Poland (property succession)

Establishing a family foundation is a process that requires not only precise knowledge of the law, but also the ability to strategically plan succession and tax consequences. Our law firm provides comprehensive support to clients throughout the entire process of establishing a foundation: from determining the strategy for transferring family assets, through drafting the statutes, founding deed and inventory of assets, to representation in the registration proceedings.

We also advise on the selection and transfer of assets to family foundations, such as shares, real estate, cryptocurrencies, ETFs, gold, and others. The KWKR team will help you at every stage of setting up a family foundation:

• we will analyze your assets
• we will prepare all the documents
• register the foundation in the appropriate register
• advise you on day-to-day matters related to the management of the foundation and the conduct of business activities

Since the Family Foundation Act came into force, we have been advising founders, their family members, and tax and financial advisors on matters related to the establishment of foundations and the transfer of assets. We have participated in the creation of dozens of foundation structures, including those involving the transfer of shares in companies, investment real estate, and financial assets to foundations.

Our team has represented clients both in their dealings with notaries and registry courts and in the preparation of benefit policies for beneficiaries. Thanks to close cooperation with tax and investment advisors, we create solutions tailored to the realities of family businesses, regardless of the scale of the founder’s operations and asset structure.

Establishing a family foundation is a decision that requires careful consideration of legal, tax, and organizational aspects. Our law firm provides comprehensive support in this process, ensuring that the structure complies with the provisions of the Family Foundation Act, the interests of the founder, and the expectations of the beneficiaries.

We help to draft the foundation’s statutes in such a way as to guarantee flexibility in decision-making while securing assets and minimizing the risks associated with succession. We also take into account aspects related to the foundation’s activities, including capital investments, the acquisition of shares in companies, and the disposal of assets, in order to ensure the sustainability and effectiveness of the entire structure.

Our experience and interdisciplinary approach make the foundation a real tool for building intergenerational financial stability.

A family foundation is a new but already extremely important element of the legal landscape in Poland. Under the Act, it can only be established by a natural person – the founder, who contributes assets worth at least PLN 100,000 to the foundation, constituting the initial fund. The foundation acquires legal personality upon entry in the register of family foundations.

It may conduct business activities within the scope specified by the Act, e.g. through participation in companies, real estate transactions or capital investment, which allows for the reinvestment of profits without immediate tax liability. The taxation of benefits for beneficiaries depends, among other things, on the degree of kinship with the founder and the value of the property contributed by him or her. The structure of the foundation – its bodies, rules of operation, and method of payment of benefits – must be strictly defined in the statutes.

This not only allows for the effective separation of the founder’s assets from the foundation, but also ensures the permanence of their decisions for future generations. A family foundation can operate as a single entity, while remaining a flexible tool for conducting business activities and supporting beneficiaries.