The Family Foundation – A Modern Instrument in an Outdated Framework

The family foundation is an innovative legal mechanism designed to effectively protect family wealth and ensure its intergenerational transfer in accordance with the family’s preferences and needs. It offers a sophisticated response to the challenges of wealth succession management – challenges that are often inadequately addressed by other legal forms.

Unfortunately, this relatively modern tool has been embedded in an outdated, impractical, and inefficient administrative structure—namely, the family foundation register, which closely resembles the archaic, non-digitalized version of the National Court Register (KRS) as it existed in the late 20th century.

Key shortcomings of the current registration process for family foundations:

• The inability to register family foundations online (or to make amendments electronically), necessitating the use of physical (paper) forms and the submission of hard-copy applications;
• The court’s inability to verify the criminal records of individuals entered into the register via the National Criminal Register, which requires the prior acquisition of certificates of no criminal record;
• The lack of an automated process for obtaining tax identification numbers (NIP) and statistical identification numbers (REGON) for newly established family foundations, forcing applicants to submit separate applications to the Tax Office and the Central Statistical Office – followed by an additional (and paid) application to the family foundation register to record the assigned NIP and REGON numbers;
• The absence of an IT system enabling online access to registry information and the downloading of excerpts, compelling stakeholders to submit a separate application for an excerpt from the register each time it is needed—for example, to demonstrate proper representation of the foundation;
• Despite the absence of a dedicated IT system, there are no regional branches or organizational units of the registry that would allow for in-person, efficient access to excerpts throughout the country. Consequently, most individuals must rely on traditional postal correspondence with the court to obtain necessary documents.

The above situation closely mirrors the antiquated procedures once associated with the old National Court Register—albeit even more burdensome due to the lack of regional offices.

Fortunately, the KRS has since been digitalized and modernized.

This raises the question: why was the current, well-functioning KRS IT system not used as a model for the digitalization of the family foundation register? Alternatively, why was the family foundation register not integrated into the KRS system?

Is this a question to our legislator, or perhaps at first to the Deregulation Task Force and Rafał Brzoska?

Should deregulation efforts not also include the modernization — effectively, the creation of a new — register of family foundations, especially in terms of its digitalization?

On 18 July 2025, Paweł Siwy, attorney-at-law submitted a proposal to the Deregulation Task Force concerning the introduction of an ICT system for the register of family foundations, modeled on the system currently supporting the National Court Register (KRS). We are awaiting an analysis of the submitted proposal and anticipate further proceedings in this matter. Updates regarding the progress on the proposal will be provided on an ongoing basis.