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Archive for category ‘Foundation (Stiftung)’

Foundation Report February 2023: Positive trend continues

In February 2023, a total of 4,429 companies were founded in Switzerland. This represents an increase of about 13% compared to the previous month and an increase of about 5% compared to the previous year. Positive trend continues After a good start into 2023, the positive trend continues in February. With a total of 4,429 […] more

Association or Non-Profit Foundation – Which Legal Form Is Better for My Undertaking?

When an idealistic purpose such as community, better environment, social, sports or cultural project is to be pursued, a question arises which legal form should be used to achieve this goal. Swiss law offers here, above all, two forms, namely association and non-profit foundation. But how are they structured and what are their respective advantages […] more

A foundation’s entry in the commercial register

A foundation’s entry in the commercial register is a mandatory requirement for its establishment. The classic foundation receives full legal capacity and capacity to act with this entry. The application must be submitted by the future governing bodies. more

Duties and obligations of the foundation council

The duties and obligations of the foundation council primarily arise from the foundation charter or the regulations on organisational structure. It is common practice for the foundation council to be responsible for overall management of the foundation. It must attend to the affairs of the foundation and act in the name of the foundation. more

Composition and liability of the council

In practice, the foundation council is the highest body within the organisation. It concerns itself with the management of the assets and monitors distribution to beneficiaries unless there are other regulations which apply. As a rule, the council foundation is composed as a collegial body of several persons who have joint responsibility for the overall […] more

What is a foundation charter?

The foundation charter is the central document of a foundation. It contains the main provisions governing the organization, assets and purpose of the foundation. The foundation charter may take the form of a public document or testamentary disposition (will/contract of inheritance). more

What is a family foundation according to Swiss law?

Family foundations primarily serve to support or provide education to family members who are dependent. The permitted purpose is closely circumscribed and stems directly from the law. The normal statutory provisions also largely apply to family foundations. more

Is it possible to change the purpose of a foundation?

Foundations are rigid structures. If the purpose has been decided and the foundation has been fully established as valid, changing the purpose is only possible subject to strict legal requirements. more

Changing the organisation of a foundation

As a legal form, foundations have an immovable structure. Amendments to the foundation charter are only possible if strict legal requirements are complied with. The basic organisational principles are mostly laid down in the foundation charter, which is why amendments to organisational structure are subject to strict rules. more

Changing the foundation charter

As a legal form, foundations have an immovable structure. Once the foundation has been established as valid, amendments to the foundation charter and thus the purpose are only possible if strict legal requirements are complied with. more