Information on the reports on the operation of foundations
The report on the operation of the foundation covers the period of one calendar year. It is submitted on annual basis for the operation for the previous year. Thus, deadline to submit the abovementioned reports expires on the last day of the previous calendar year. The provided report, apart from indication of the period of operation of the foundation for which it is submitted, should include as follows:
- registration data of the foundation:
1. Name of the foundation,
2. Registered seat of the foundation,
3. Address of the foundation,
4. Valid correspondence address,
5. Email address, if applicable,
6. Date of entry to the National Court Register,
7. National Court Register No.,
8. Statistical ID No. in the National Official Register of Business Entities system,
9. Data of the members of management board of the foundation (full name, position),
10. Specification of the statutory objectives of the foundation;
- Rules and regulations, forms and scope of statutory operation along with the delivery of the statutory objectives;
- Description of the main legal events in the operation of the foundation having financial consequences;
- Copies of the resolutions adopted by the management board of the foundation;
- Information on the amount of received revenues, broken down into sources (e.g. inheritance, legacy, donation, public funds, including from the state and community budget);
- Information on payable services provided by the foundation within its statutory objectives along with costs of these services;
- Business activity:
1. Information whether the foundation conducts a business activity,
2. Financial outcome from the conducted business activity,
3. Proportion of income from business activity to income from the other sources.
- Information on the expenses on:
1. Delivery of the statutory objectives,
3. Business activities,
4. Other expenses;
- Data on employment in the foundation:
1. Total number of employees in the foundation,
2. Number of employees in the foundation broken down into positions,
3. Number of employees only within the business activity;
- Data on remunerations in the foundation:
4. Other benefits,
5. Remunerations of the employees only within the business activity;
- Data on the amount of annual or average monthly remuneration:
1. Paid in total to the members of the management board and other foundation authorities, broken down into remunerations, awards, bonuses and other benefits,
2. Paid to the employees managing the business activity, broken down into remunerations, awards, bonuses and other benefits;
- Data on the expenditures for remunerations from the commission contracts;
- Data on financial loans granted by the foundation, broken down by the amount:
1. Indicating the borrowers,
2. Specifying the terms and conditions of granting the loans,
3. Providing statutory basis of the granted loans;
- Data on the amounts allocated on the bank accounts along with indication of the bank;
- Data on acquired bonds;
- Data on acquired shares or interests in the commercial law companies, specifying such companies;
- Data on purchased real estates:
1. Amounts allocated to purchase of real estates,
2. Intended use of the purchased real estates;
- Data on other purchased fixed assets;
- Data on value of the foundation assets presented in the applicable financial statements drawn-up for statistical purposes;
- Data on value of the foundation liabilities presented in the applicable financial statements drawn-up for statistical purposes;
- Data on operation commissioned to the foundation by the state and self-governmental authorities and financial outcome from this operation;
- Information on settlement of tax liabilities of the foundation;
- Information on the submitted tax declarations.
In addition the report should provide information on any audits performed within the reporting period and if so – on the audit results.
The report should be submitted in original copy and signed by at least two members of the management board of the foundation (in a manner enabling their identification), unless the statute of the foundation states otherwise.
Regardless of the obligation under Article 12(2) of the Act of 6 April, 1984 on the foundations (Journal of Laws of 1991, No. 46, item 203, as amended), foundations having the public benefit organization status – pursuant to Article 23 of the Act of 24 April, 2003 on public benefit and volunteer work(Journal of Laws of 2010, No. 234, item 1536, as amended) – are obliged to submit both annual and financial report to the minister competent for social security.
In addition – pursuant to Article 40 of the Act of 29 August, 1997 on personal data protection (Journal of Laws of 2002, No. 101, item 926, as amended) – data administration is obliged to provide the Inspector General for the Protection of Personal Data with a record of personal data for registration purposes, excluding the cases referred to in Article 43(1) of the Act.
With regard to performing the statutory tasks by the foundations, these entities may keep personal data records subject to registration, e.g. data records on the persons supported by the foundations or data records on the foundation donors. Such records are kept in particular by the foundations having a public benefit organization status in the meaning of Article 20 of the Act of 24 April, 2003 on public benefit and volunteer work (Journal of Laws of 2010, No. 234, item 1536, as amended). In general, these foundations conduct the activity requiring processing of personal data of the supported people.
Failure to provide the Inspector General for the Protection of Personal Data with a record of personal data for registration purposes is – pursuant to Article 53 of the Act on personal data protection – prohibited.
It should be noted that the foundations are obliged to comply with the provisions of the Act of 16 November, 2000 on counteracting money laundering and terrorism financing (Journal of LAws of 2010, No. 46, item 276, as amended).
Direct contact on the foundation-related issues: telephone: + 48 22 53 00 125
Ordinance of the Minister of Justice of 8 May, 2001 on the n the general scope of reports submitted by foundations(Journal of Laws of 2001, No. 50, item 529 and Journal of Laws of 2011, No. 217, item 1291).