In Poland the right to institute foundations is given to every natural person regardless of citizenship and place of residence. A foundation can also be instituted by legal persons (joint-stock partnerships, limited partnerships, other foundations, associations, universities, religious associations) that have their seat located in Poland.

 

Objectives of establishing a foundation have to be consonant with legal regulations and basic interests of Poland, such as especially:

-        protection of health,

-        advancement of economy and science,

-        education,

-        culture and art,

-        social services,

-        protection of the environment,

-        protection of historical landmarks.

 

The seat of a foundation should be located in Poland. If a foundation is to perform its activities on the territory of one voivodship it should be located on the territory of that voivodship.

 

·         Establishing a foundation

 

A founder makes a declaration of intent in a form of a notarial act. It consists of an objective of a foundation as well as its financial assets (such as money, securities, movable property and real estate) to accomplish the goals. A founder (or a person that is representing a founder) defines a statute that includes such information as:

-        the name of a foundation,

-        the seat,

-        the property,

-        the goals,

-        rules, forms and range of activities,

-        organization of the board, ways to establish it, its obligations and rights,

-        obligations and rights of members.

 

The statute can also include other information such as, for instance, the rules of performing economic activities by a foundation. The statute has to meet the present legal requirements.

 

A foundation can perform economic activities to realize statutory goals. It has to possess at least 1000 zl for activities to achieve this goal though.

 

A foundation is registered in the National Court Registry (KRS) and once it is done it gains a status of a legal person. Registering of a foundation is done by a court that is also obliged to inform a proper minister (in reference to a foundation's statutory goals) about it as well as the governor of a poviat on the territory of which a foundation's seat is located.

 

The governing organ of a foundation is its board.

 

·         Supervision of a foundation

 

A foundation is obliged to submit annual reports on its activities to the proper minister that can be indicated by the founder with respect to the foundation's goals. The report is available to public.

 

A proper minister or a poviat governor can send a request to a court to waive a resolution of the board if it violates a foundation's statute or is not in accordance with the law. In specific circumstances (when the statute or legal regulations are violated) a minister or a governor can also request for a resolution of the board and for appointing an administrator. 

 

·         Property of a foundation

 

The property of a foundation may consist of:

-        inheritances,

-        legacies,

-        donations,

-        property rights.

 

Obtaining the above by a foundation is free of tax.

 

A foundation, as a non-governmental organization, can also be granted allocations from the state's budget to finance or co-finance public tasks that a foundation realizes.