Foundation Law

We advise on all questions of foundation law, in particular on the establishment of the foundation, the choice of the type of foundation and the drafting of the statutes.

Competences

Foundation Law

We advise on all questions of foundation law, in particular on the establishment of foundations, on the choice of the legal form of the foundation and on the individual drafting of the foundation statutes. During their existence, we continue to look after the foundations at national and international level.

Foundation law is steadily growing in importance. The establishment of a foundation offers the founder the possibility to bundle assets and to allocate them in the long term to the promotion of concrete goals specified by him. By establishing the foundation and transferring assets to it, the founder divests himself of these assets forever. The foundation invests the assets transferred to it securely and profitably and retains them as the foundation's share capital. The surpluses generated are used for the - mostly charitable - purpose.

By setting up the foundation, foundation law offers the founder the possibility of binding subsequent generations to what is to be done with his or her assets in accordance with the foundation's defined purpose. This applies to the family foundation, a corporate foundation or charitable foundations. Foundation law allows for almost any funding intention and offers different forms of foundations for the implementation of different funding intentions. Foundation law is correspondingly important in asset and succession planning.

We advise you on foundation law when deciding on the optimal form of foundation and show you which design variants are most suitable. We then implement your ideas and draw up the necessary documents with you. In addition to knowledge of foundation law, practical experience with the supervisory authorities for foundations and the tax authorities is also an advantage when advising and supporting foundations. We have many years of experience in this area and some of us hold positions in foundations ourselves.

In the case of complex tax issues relating to the establishment of foundations or their operation, we work closely with an experienced tax consultancy firm if required.

We advise you on all topics of foundation law, in particular:

  • Advice and assistance in the establishment of a foundation
    • Family Foundation
    • Company foundation
    • Charitable foundation
    • Trust foundation
    • Church Foundation
    • Citizens' Foundation
  • Drafting of the foundation charter and other founding documents
    • Purpose of the foundation
    • Foundation organisation
    • Foundation assets
    • Use of proceeds
    • Amendments to the foundation charter
  • Coordination of the charter with the supervisory authorities (if necessary)
    • Foundation purpose with foundation authority
    • Non-profit status with tax authorities
  • Advising of foundation bodies – founders, boards of directors, advisory boards - on all questions and disputes relating to foundation law
    • Remuneration
    • Liability
    • Other obligations, in particular regarding foundation assets
  • Amendments to the foundation charter and trust agreement

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