In response to numerous signals from entrepreneurs and the position of the Ombudsman for Small and Medium-sized Enterprises, the Ministry of Justice announced significant changes aimed at streamlining the process registration of family foundations. These foundations, introduced to the Polish legal system in 2023, were supposed to be a modern tool facilitating intergenerational succession and protecting family assets. In practice, however, many interested parties have encountered significant procedural problems.
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Identified difficulties
Entrepreneurs pointed primarily to the long registration time of family foundations, the complicated procedure for obtaining copies and the lack of transparent access to the register. An additional difficulty was the need to ensure the uniqueness of the foundation's name - which in practice led to uncertainty and numerous refusals from registry courts. In this situation, the SME Ombudsman submitted an official request to the Ministry of Justice to take action to improve the functioning of the register.
Reaction of the Ministry of Justice
The Ministry announced an amendment to the regulation of 18 May 2023 on maintaining the register of family foundations. Key changes will include the possibility of presenting the content of the register on the website of the District Court in Piotrków Trybunalski, simplifying the application procedure and enabling the downloading of copies and certificates in electronic formThe aim of these activities is to improve transparency and accessibility of information for citizens and entrepreneurs.
Integration with electronic systems
The Ministry is working on the full integration of the register of family foundations with the National Court Register (KRS). The new infrastructure is to enable electronic maintenance of registry files, communication with the court via the Internet, as well as integration with other state registers, such as PESEL, REGON or NIP. One of the goals is also the ability to automatically download notarial deeds from the Central Repository of Electronic Extracts of Notarial Deeds (CREWAN) and submit reports to the Repository of Financial Documents (RDF).
The importance of changes for entrepreneurs
Improvements in the registration of family foundations are of great importance for entrepreneurs planning succession and asset protection. The current situation, in which registration can take many weeks or months, discourages the use of this legal form. The announced changes may significantly shorten the waiting time and increase legal certainty. The SME Ombudsman positively assesses the declarations of the Ministry and announces further monitoring of the implementation of reforms and actions supporting entrepreneurs in the application of the regulations on family foundations.
Summary
The changes planned by the Ministry of Justice in the register of family foundations are a step in the right direction, which may significantly improve the conditions for establishing and running a foundation. The electronicization of procedures, integration with other registers and facilitation of access to information are solutions expected by entrepreneurs since the introduction of regulations on family foundationsThe SME Ombudsman actively supports this process, looking after the interests of family and successor companies.
Take advantage of our support
Establishing a family foundation is a process that requires legal and financial knowledge as well as experience in the area of property succession. At PMR Restrukturyzacje, we offer comprehensive support in the establishment and registration of family foundations – from conceptual advice, through preparation of documents, to representation before the registry court. Contact us to take advantage of professional assistance and take care of the future of your family assets today.
Source
The original letter from the Ministry of Justice can be found here: MS's response to the SME Ombudsman.
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