Family foundation: Who are the founder, beneficiary and board member?
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
It all starts with the funder – it is the funder who decides to set up a family foundation. Usually, it is a family member who wants to secure the assets for future generations, taking care to preserve and develop them.
The assets with which he equips the family foundation may constitute property within the meaning of the Civil Code.
Thus, the founder can contribute real estate, shares in companies, shares, cash and even works of art from the family collection.
The transfer of assets to the foundation is a strategic decision – the founder transfers the assets to another entity, but at the same time decides how they are to be managed in the future.
He also sets the rules for the functioning of the foundation by writing down the statutes, which are often referred to as the ‘constitution’ of the family foundation.
In it, he defines the aims of the foundation, who can benefit from it (i.e. the beneficiaries) and who is to manage the foundation and how.
It is worth noting that the founder does not have to be a single person – in some cases the foundation is established jointly by spouses or other relatives.
A key aspect of the founder’s persona is that once he or she contributes assets to the foundation, he or she loses the right to dispose of them freely.
The foundation becomes a separate legal entity, independent of the founder.
Nevertheless, it can participate in its activities.
| Authors: | ||
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senior partner Wojciech Bokina | |
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junior lawyer Filip Koryciński |
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