Applying for recognition of a foundation with legal capacity
Description
Natural or legal persons such as associations or companies may decide to establish a foundation. The founders undertake to establish a foundation in the long term for the realization of a specific purpose and to provide it with the necessary assets (usually cash, securities or real estate). A corresponding foundation statute regulates the internal organization.
The foundation acquires its legal capacity through state recognition. For this purpose, foundations that are to have their registered office in Saxony-Anhalt must submit the foundation business and statutes to the foundation authority (State Administration Office, Department of Foundations). Recognition for the foundation is granted if the foundation law requirements are met.
The early involvement of the foundation authority makes sense in order to be able to include information on the eligibility for recognition and the permanent safeguarding of the founder's will in the design of the drafts of the foundation's business and the statutes.
A preliminary coordination should take place with the responsible tax office to check the non-profit status.
- Application for recognition of a foundation
- Foundation business during lifetime
- Foundation business upon death (if a foundation is established after the death of the founder)
- Statutes of a foundation governed by private law
- Declaration of willingness of the members of the foundation's bodies to cooperate – informal
The costs for the recognition of a foundation result from the General Schedule of Fees of the State of Saxony-Anhalt. The costs depend on the administrative burden. The fee range is between € 75.00 and € 2,500.00.
Processing Time: 3 - 6 MonthsDesired dates for the recognition of a foundation are taken into account as far as possible.
Please contact the State Administration Office, Department of Foundations.
The forms can be found at the State Administration Office, Department of Foundations.
The foundation authority may coordinate with the tax office prior to the recognition of the foundation. This requires a power of attorney from the founder. This can be granted to the foundation authority in writing and informally (see sample power of attorney for submission to the tax office).
An overview of the currently existing foundations under civil law and the state foundations under public law in Saxony-Anhalt can be found in the foundation directory.
The text was automatically translated based on the German content.
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Appointments can also be made outside office hours by individual arrangement. Please note that individual departments have different opening hours. These can be found on the respective department's website.
