Agnieszka Krysik: Family Foundation Under Examination
The Polish legislation aimed at facilitating business succession through family foundations is under review three years after its implementation, raising questions about its effectiveness in aiding family-owned enterprises.
The Polish law concerning family foundations, designed to assist business succession for entrepreneurs, is poised for evaluation as it approaches its three-year implementation mark on May 22. Initially introduced to help local businesses navigate generational changes, the legislation reflects a significant response to the private entrepreneurship boom since the late 1980s. Given that many family businesses face challenges in maintaining ownership and unity of the family, the impending assessment will scrutinize whether it has truly alleviated issues related to sudden successions and family conflicts.
Since the 1980s and 1990s, the evolution of Polish entrepreneurship has fostered a generation shift within family-owned businesses, which has been facing increasing complexities and challenges. About fifteen years ago, distinct areas of specialization began to emerge, reflecting the needs of these enterprises to successfully manage the critical transition of leadership and ownership. The psychological aspects—such as emotional ties and familial affection—complicate the dynamic of ownership, where financial stakes intertwine with interpersonal relationships, leading to potential conflicts that might jeopardize the continuity of the business.
The upcoming legislative review is crucial, as it will address whether the reductions in the regulatory evaluation periods are sufficient to understand the law's impact and its intended benefits for family businesses. Evaluating the efficacy of the family foundation law will shed light on how well it supports entrepreneurs during difficult transitions, thereby directly influencing the future landscape of family business continuity and sustainability in Poland.