Are you a founder? We will support you in developing the foundation’s concept and help you draft a solid statute or a letter of wishes.
Are you a beneficiary? We will advise you on the benefits you are entitled to, protect your rights, and safeguard the founder’s legacy.
Are you managing a foundation? We will ensure it is run in compliance with the law and in line with the founder’s intentions.
Looking for a secure solution outside Poland? We will present the available options, explain the differences, and recommend the best approach.
Do you need support with oversight or enforcement of rights? We have experience serving as a protector and board member.
Have you inherited assets from a foreign trust? We will explain the applicable taxes and help you safeguard your rights.
Do you want to establish a foundation? We will help you create a solid concept and secure it with the proper legal documentation.
Are you unsure whether the funds in your foundation are being used appropriately? We will conduct an internal audit and verify compliance.
Do you need support in the day-to-day operations of your NGO? We will provide you with comprehensive legal and tax assistance.
Our team of experienced lawyers is ready to provide you with support and expertise in any situation. We believe that every matter deserves an individual approach and the highest standard of legal service.
The founder of a Polish technology company approached us for support in planning the family succession process. The main objective was to separate asset ownership from financial benefits while securing the family wealth and preparing the company for transfer to the next generation.
We implemented a new ownership structure in which a family foundation in Liechtenstein serves as a protective vehicle for the client’s assets. We carried out a cross-border merger of the client’s Polish company with a new holding company in Liechtenstein. A key aspect of the project was negotiating the foundation’s governing documents with a venture capital fund, a significant investor in the client’s company. In addition, we addressed the client’s relocation plans to Switzerland by analyzing the legal and tax implications under Swiss law.
A Polish owner of an international business approached us to adjust the holding structure to the new business reality. Business expansion and the establishment of a family foundation required optimizing financial flows and diversifying geographical risks related to the war in Ukraine.
We conducted a comprehensive analysis of cash flows within the group and assessed the role of individual functions in its structure. Based on this analysis, we implemented significant changes, including the relocation of certain group entities and a cross-border merger of the Polish holding company with a Czech entity. As a result, the main management company and the holding company were transferred to the Czech Republic, reducing geographical risks.
The KORDIA Legal team provides ongoing advisory and support to a wealthy Polish family on various matters concerning their global holding structure. Our work includes managing a family foundation in Liechtenstein and overseeing group reorganizations across multiple jurisdictions. The client engaged us to assist with a partial exit from one of their portfolio companies, in a transaction valued at USD 100 million. The project also involved designing a reinvestment scheme post-transaction, taking into account structures in Liechtenstein, the Netherlands, and Luxembourg.
We implemented a pre-transaction structure using a Dutch partnership and then designed a reinvestment framework spanning several jurisdictions, including Liechtenstein, the Netherlands, and Luxembourg. In addition, we developed and secured financing structures for the client’s Polish investments, utilizing capital from Swiss banks secured against the client’s global assets.
The co-founder of a Polish gaming company approached us for assistance in setting up a Polish family foundation. The foundation’s purpose was to manage the family’s wealth in the interest of minor children and to protect disabled family members who would not be able to actively participate in managing the foundation in the future. The client wanted to establish mechanisms that would safeguard the interests of these disabled family members and prevent potential abuses by other family members or the foundation’s governing bodies.
Our task was to draft the foundation’s statute in a way that ensured strong protection for disabled family members. As part of the project, we also obtained tax rulings, including a protective GAAR opinion, confirming that both the establishment of the foundation and its use of tax preferences — particularly with respect to the disposal of shares — were compliant with applicable tax regulations.
We provided comprehensive support in setting up a testamentary trust in the British Virgin Islands (BVI), based on the provisions of a Luxembourg will. The key beneficiary of the trust was the settlor’s wife, a Polish tax resident. The purpose of the project was to assess potential tax liabilities arising from the creation and operation of the trust.
We conducted a detailed analysis of the tax consequences related to the activation of the trust upon the settlor’s death, including the taxation of the trust’s income and the distribution of funds to the beneficiary. The project also covered the potential classification of the trust as a Controlled Foreign Corporation (CFC) and an assessment of inheritance and gift tax (IHT) and personal income tax (PIT) implications. In addition, we examined the tax consequences of transferring donations from the trust to a Cypriot charitable foundation.
We established a family foundation aimed at supporting a large family of around 40 members. A key objective of the foundation was to create a scholarship fund for less affluent family members while ensuring that the beneficiaries retained maximum control over the foundation.
We designed a foundation structure that gives beneficiaries control over its operations while providing support for less affluent family members. We introduced governance rules that ensured an equal distribution of voting rights across different branches of the family, as well as conflict-resolution mechanisms to guarantee stability and fairness in decision-making. We set investment restrictions, along with detailed rules for the functioning of the management board and supervisory board, to ensure that the foundation operated in line with the interests of all beneficiaries. In addition, we secured tax compliance for both the foundation and its beneficiaries and prepared guidelines for accounting and mandatory audits.
The founder of a publicly listed capital group engaged us to establish a family trust in Liechtenstein to hold the majority of the family’s wealth. The trust’s purpose was to protect against the dilution of ownership in the group, preserve family capital, and facilitate succession planning.
We established the trust in Liechtenstein and obtained a groundbreaking tax ruling confirming that the trust itself was not subject to taxation, with income taxable only at the settlor’s level. As a result, distributions from the trust were deemed tax neutral. This was the first such ruling in Poland.
Do you need professional legal advice? Our team of experienced lawyers is ready to provide you with support and expertise in any situation. We believe that every matter deserves an individual approach and the highest standard of legal service.
office@kordialegal.pl
