Dopuszczalność zawierania przez fundację rodzinną umów z zakresu ubezpieczeń gospodarczych
The Admissibility of Entering into Commercial Insurance Contracts by Family Foundations

Summary/Abstract: This article deals with the admissibility of entering into commercial insurance contracts by familyfoundations. An analysis of the provisions of the Family Foundation Act dated 26 January 2023,and of Article 2 thereof in particular, has revealed that a family foundation, given the functionsfulfilled by insurance, may conclude both property and personal insurance contracts, providedthat those contracts fall within the scope of the proper administration of the foundation, as laiddown by the foundation objectives. Taking into account the fact that the legislator used someundefined yet broad notions, such as “property accumulation” or “management of property inthe interest of beneficiaries” or “making the performance for beneficiaries”, the article is basedon an assumption that the possibility to enter into business insurance contracts should be ad-mitted as broadly as possible. Since family foundations usually have major assets and extensivescope of activities, as well as given the wide array and variety of issues related to insurance, onlyselected insurance contracts that may be concluded by a family foundation are indicated and/or discussed in this article.

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