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?
The founder as the main decision maker
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'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.
Provisions of the statute
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.
Changes in the composition of the board
In the event of the founder'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.
Judicial review
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.
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'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's assets for generations, so it is one of the most important documents created when establishing a family foundation.
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