Local as well as foreign businessmen can open foundations in Germany
with a variety of missions and purposes. A foundation in Germany
can be either public or private but it is a type of non-profit organization. If you intend to open a foundation in Germany
you may either use the funds for charity or for supporting other organizations. You can rely on our law firm in Germany
in order to find out what regulations need to be respected when a foundation is established
in this country.
How to create a foundation in Germany
The first steps in the creation of a foundation in Germany should be related to the elaboration of a sound identity and the draw up of a promotion strategy. Moreover in order to be allowed to function as a community foundation, an organization needs to receive a seal of approval, through a jury evaluation. This seal is valid for two or three years and can be renewed by a foundation when needed.
In Germany, foundations or Stiftung
are subject to several acts such as the Civil Code
and the Law on Foundations. Most foundations in Germany have legal personality
as they are established as formal associations. However the German state allows as well foundations created by gift contracts, which lack legal personality and are considered informal foundations.
Our attorneys in Germany
are ready to give you more details on specific provisions which describe the functioning of foundations in Germany
Legal requirements for the functioning of foundations in Germany
Some of the most important requirements for the good organization and functioning of a foundation in Germany are included in the sections 80-88 of the Civil Code in this country. The most important requirements are the following:
• A foundation has to have a very well defined purpose, which is usually given by the founder, at the beginning of the foundations’ activity;
A foundation needs to be headquartered
in one of the German regions – Land, and recognized by the local authority;
• German authorities require a minimum amount of 50.000 euros at the creation a foundation and a minimum activity period of 10 years;
• A foundation must be able to prove that it is sustainable in order to receive the approval from the authorities.
Feel free to contact
our German lawyers
who can give a complete overview on the steps you need to perform in order to set up a foundation in Germany