Foundations

We advise all kinds of foundations

We provide advice to both commercial and non-commercial foundations.

Foundations

Practical and theoretical advice

We know and understand foundations

Foundation law covers commercial and non-commercial foundations, as well as other self-governing institutions that are not covered by – or exempt from – the foundation laws. All foundations and self-governing institutions are subject to supervision and rules that set out the framework for the organisation and operation of the individual foundation or self-governing institution.

Through many years of experience in advising both commercial and non-commercial foundations and other self-governing institutions, we provide professional advice on all legal matters relating to foundations.

We advise on matters including

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Operations and board work

Dissolution

Merger of foundations

Establishment of foundations

Grants from foundations

Amendments to the articles of association

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Foundations

Amendment of articles of association and dissolution

Both commercial and non-commercial foundations are subject to supervision by the foundation authorities. This means, among other things, that the foundation authorities’ permission is required if the foundation’s articles of association are to be amended or if the foundation is to be dissolved/liquidated. Our experts have experience in handling dialogue with the foundation authorities.

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Foundations in relations to:

Inheritance and estate administration

Foundations can be established by both persons and legal entities. For persons, the establishment can take place during their lifetime or upon their death. The establishment of a foundation in connection with death takes place through the creation of a will. It is therefore important that the establishment is carried out by a person who is knowledgeable about inheritance, wills, and estate administration.

Corporate Governance

Corporate governance in the form of recommendations on good foundation management is an integral part of foundation legislation (one of the only areas of law where this applies). This means, for example, that the board of directors of commercial foundations must consider the recommendations for good foundation management and either follow the recommendations or explain why they are not being followed. Focus Advokater advises foundations on this matter and assists in the preparation of procedures for compliance with the recommendations that are followed.

Public companies and exercise of public authority

Self-governing institutions and foundations are often used within parts of public administration, such as the cultural sector, where cultural institutions such as museums, theaters, and concert halls are organised as self-governing institutions or foundations. This raises some very specific legal issues in relation to the interaction between public law rules and the rules governing foundations and independent institutions, including in relation to public authorities’ supervisory obligations towards such independent institutions.

Our experts have extensive experience in advising both public authorities and independent institutions in this particular area.

Foundations