How to set up a family foundation – seven steps from decision to registration

1. Usually 2–6 weeks

   Decisions and the draft structure

   Before any document is drawn up, three things must be settled: what goes into the foundation, who benefits from it and who runs it – today and after your death. Add to that a tax analysis of the assets to be contributed: one for shares, another for real estate, another for assets from a sole proprietorship. At this stage I go through the thirty decisions that make up the statute with the founder; if you work with a tax adviser, I agree the structure with them before the first visit to the notary.

2. One day at the notary

   Deed of foundation and statute

   The declaration establishing the foundation is made in a deed of foundation or in a will – in the form of a notarial deed (Article 22). The statute is drawn up in the same form (Article 26(1)). In it the founder sets the founding fund – not less than PLN 100,000 (Article 17) – and appoints the bodies required by the Act and the statute. A supervisory board must be established where there are more than 25 beneficiaries (Article 64(2)).

   Upon the drawing up of the deed of foundation, a family foundation in organisation comes into being – Article 23(1) of the Family Foundation Act.

3. Together with the deed

   Inventory of assets

   The inventory lists each contributed item, the person contributing it, and its type and value according to its condition and prices at the time of contribution (Article 27(1)). It is drawn up in writing, and the management board updates it with each subsequent contribution. The inventory also states the proportions of assets contributed by each founder (Article 27(4)). For years to come, these proportions determine to what extent distributions to the family are exempt from personal income tax (PIT). An error in the inventory does not go away – it carries over into every payout.

4. Before the application is filed

   Paying in the founding fund

   For a foundation established by a deed of foundation, the fund must be contributed before entry in the register; for a foundation established by a will – within two years of entry (Article 21(5)). The form depends on the type of asset: real estate requires a notarial deed, shares in a limited liability company (sp. z o.o.) – written form with notarially certified signatures and a check of the restrictions in the articles of association. Contributing spouses' joint property requires the consent of the other spouse.

   As a rule, contributing assets triggers neither income tax nor inheritance and gift tax. Be careful with VAT where the assets come from your business – transferring real estate or fixed assets out of a business may be taxable (more on taxes).

5. No later than 6 months after the deed

   Application to the register

   The register of family foundations is kept exclusively by the Regional Court in Piotrków Trybunalski (Article 4(2)). The foundation is registered on the application of the founder; for a foundation established by a will – of the management board (Article 114). The application must be filed within six months of the date of the deed of foundation or the announcement of the will. After that deadline – or after a final refusal of registration – the foundation in organisation is dissolved (Article 85).

6. Today usually more than a year

   The foundation in organisation – the waiting period

   Nobody likes this stage, but it has to be planned. A foundation in organisation manages the assets it holds in its own name, acquires rights, including real estate, incurs obligations, and can sue and be sued (Article 23(3)). It is represented by the founder or by an attorney appointed by the founder and, in the cases specified in the Act, by the management board (Article 23(4)). The acts of the founder and the attorney are later approved by a resolution of the management board, and the acts of the board itself – by the entity named in the statute (Article 23(5)).

   The most common practical problem is the bank. The Ministry of Finance takes the position that a foundation in organisation does not report to the Central Register of Beneficial Owners (CRBR), while banks require such a report when opening an account. Some banks refuse, others open an account for an additional fee. It is worth settling this before the deed, not after it.

   Since 29 July 2026, requests for extracts and certificates from the register can be filed by e-mail, and the foundation's basic data are available online. Processing the application for entry itself still takes many months.

7. On the day of entry and right after

   Entry and the first weeks

   Upon entry, the foundation in organisation becomes a family foundation, acquires legal personality and takes over all its existing rights and obligations (Article 24). The foundation must be reported to the Central Register of Beneficial Owners within 14 days of entry. Every later change of data is reported to the register within 7 days (Article 122(1)). The first meetings of the bodies, the list of beneficiaries, the bank account, the books – see obligations after registration.

Law as of: 8 November 2026. The text is for information only and is not legal advice in an individual matter.