{"id":9586,"date":"2024-12-13T15:42:25","date_gmt":"2024-12-13T15:42:25","guid":{"rendered":"https:\/\/pmrsa.pl\/?p=9586"},"modified":"2025-04-02T12:55:59","modified_gmt":"2025-04-02T12:55:59","slug":"who-appoints-the-board-in-a-family-foundation","status":"publish","type":"post","link":"https:\/\/pmrsa.pl\/en\/who-appoints-the-board-in-a-family-foundation\/","title":{"rendered":"Who appoints the board of the Family Foundation?"},"content":{"rendered":"<p class=\"wp-block-paragraph\">The Management Board of the Family Foundation plays a key role in managing its assets, implementing its statutory goals, and representing the foundation externally. Establishing the management board is one of the most important elements of creating and operating a family foundation in Poland. So who is authorized to appoint the management board?<\/p>\n\n\n\n<h4 class=\"wp-block-heading has-text-align-center\">A few words about the article - Listen<\/h4>\n\n\n\n<p class=\"has-text-align-center wp-block-paragraph\"><audio src=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2024\/08\/Co-to-jest-restrukturyzacja.mp3\"><\/audio><\/p>\n\n\n\n<figure class=\"wp-block-audio\"><audio controls src=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2024\/12\/Kto-powoluje-zarzad-w-Fundacji-Rodzinnej.mp3\"><\/audio><\/figure>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>The founder as the main decision maker<\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\">According to the Family Foundations Act, the founder has the final say in the process of appointing the board. The founder is the person who establishes the family foundation and contributes assets to it. He or she appoints the first members of the board in the foundation act or the foundation&#039;s statute, specifying their powers, principles of operation and term of office. The founder also has the right to appoint himself or herself as the sole or one of several members of the board, including taking over the function of the president of the family foundation.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>Provisions of the statute<\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\">The statute of a family foundation may specify detailed rules for appointing, dismissing and supplementing the board. The founder may establish various procedures, for example, entrust these competences to another foundation body, such as the supervisory board, if it has been established. He also has the right to assign himself specific duties, including accepting or not accepting the selection of bodies indicated in the statute.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>Changes in the composition of the board<\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\">In the event of the founder&#039;s death or other unforeseen events, the rules for appointing new members of the management board are regulated by the statute. It may provide that the supervisory board, the meeting of beneficiaries or another designated body will decide on personnel changes. It is also possible for the founder to appoint a person who, after his death, will obtain the rights or part of the rights assigned to the founder.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><strong>Judicial review<\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\">Although the founder has freedom in shaping the management structure, these actions are subject to the provisions of the law. In the event of non-compliance with the law or violation of the statutory principles, the registry court may intervene.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In summary, the founder plays the most important role in shaping the procedure for appointing the board of a family foundation. The regulations shaping the procedure for appointing board members during the existence of a family foundation should ensure flexibility and continuity of the foundation&#039;s operations. When drawing up the content of the statute, it should be remembered that the foundation was established to secure and ensure the continuity of the founder&#039;s assets for generations, so it is one of the most important documents created when establishing a family foundation.<\/p>","protected":false},"excerpt":{"rendered":"<p>The Board of a Family Foundation plays a key role in managing its assets, achieving its statutory objectives, and representing the foundation externally. Appointing the Board of Directors is one of the most important elements in the creation and operation of a family foundation in Poland. So who is authorized to appoint the Board of Directors? A few words about the article - Listen: The Founder as the Main Decision-Maker. According to the Act on Family Foundations, the founder has the final say in the process of appointing the Board of Directors. The founder is the person who establishes the family foundation and contributes assets to it. They appoint the first Board members in the founding act or the foundation&#039;s statute, defining their powers, operating principles, and term of office. The founder also has the right to appoint themselves as the sole or one of several Board members, including serving as the President of the family foundation. Statute Provisions: The statute of a family foundation may specify detailed rules for appointing, dismissing, and expanding the Board of Directors. The founder may establish various procedures, for example, entrusting these powers to another foundation body, such as the supervisory board, if established. They also have the authority to assign themselves specific responsibilities, including the acceptance or rejection of the selection of bodies specified in the statute. Changes to the Board of Directors: In the event of the founder&#039;s death or other unexpected events, the statute governs the appointment of new board members. It may stipulate that the supervisory board, the meeting of beneficiaries, or another designated body will decide on personnel changes. The founder may also appoint a person who, after the founder&#039;s death, will assume the rights or some of the rights assigned to the founder. Judicial Review: Although the founder has discretion in shaping the management board structure, these actions are subject to legal provisions. In the event of non-compliance with the law or a violation of statutory principles, the registry court may intervene. In summary, the founder plays a crucial role in shaping the procedure for appointing the management board of a family foundation. The regulations governing the procedure for appointing management board members during the life of a family foundation should ensure flexibility and continuity of the foundation&#039;s operations. When drafting the content of the statute, it should be remembered that the foundation is established to secure and ensure the continuity of the founder&#039;s assets for generations, so it is one of the most important documents created when establishing a family foundation.<\/p>","protected":false},"author":12,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[43],"tags":[],"ppma_author":[30],"class_list":["post-9586","post","type-post","status-publish","format-standard","hentry","category-fundacja-rodzinna"],"authors":[{"term_id":30,"user_id":12,"is_guest":0,"slug":"teampmr-restructuring-pl","display_name":"Zesp\u00f3\u0142 PMR","avatar_url":{"url":"https:\/\/pmrsa.pl\/wp-content\/uploads\/2024\/10\/logo2-e1729926426335.png","url2x":"https:\/\/pmrsa.pl\/wp-content\/uploads\/2024\/10\/logo2-e1729926426335.png"},"0":null,"1":"","2":"","3":"","4":"","5":"","6":"","7":"","8":""}],"_links":{"self":[{"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/posts\/9586","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/comments?post=9586"}],"version-history":[{"count":0,"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/posts\/9586\/revisions"}],"wp:attachment":[{"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/media?parent=9586"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/categories?post=9586"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/tags?post=9586"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/ppma_author?post=9586"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}