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.