Fundacje rodzinne - pierwsze obserwacje i wnioski z praktyki

The publication presents an analysis with proposed solutions on the content of the articles of association of a family foundation with regard to the following issues: determination of the specific purpose of a family foundation, the power to appoint statutory bodies of a family foundation, the concept of „freedom” in the choice of the name of a family foundation, the obligation of the founder to contribute to the founding fund, the contribution of specific property to the founding fund by each founder, and the determination of the founder as the sole beneficiary of the family foundation, as well as optional provisions of the articles of association. Within the framework of the issues, an analysis of the current legal regulation and observed problems on the ground of practice is presented. The next section attempts to characterize the status of beneficiaries, the documents in which the beneficiary designation takes place, and the be-nefits to beneficiaries. Providing a full characterization of these issues would go beyond the scope of this publication. Therefore, the content was limited to the problems that arose from the analysis of practice. The publication includes observations and conclusions from the examination of the records of the register of family foundations, conducted at the headquarters of the District Court in Piotrków Trybunalski, which form the basis for proposed de lege ferenda solutions. In order to maintain the representativeness of the research, 100 family foundation registration cases were reviewed according to the order in which they were received. The research obtained information such as. about the locations of the foundations, the similarity of the statutes; the length of the statutes (number of provisions, volume), the appendices filed with the registry, the age of the founder, the bodies that were established, the purposes of the foundation that the founders specified, the beneficiaries of the foundation and how the beneficiaries were specified, what benefits were provided for the beneficiaries, whether the statutes provided mechanisms to prevent litigation, which beneficiaries were designated by the founder as members of the assembly of beneficiaries, what was the amount of the foundation's founding fund and what items of property contributed to the fund.