Privatstiftung

Private foundation.

Structuring the formation, securing founder rights, enforcing beneficiary rights, resolving conflicts between bodies. We advise founders, beneficiaries and foundation bodies with the experience of a Salzburg firm since 1978.

BRANDAUER Rechtsanwälte

Mag. Bernhard Brandauer

Attorney at law, BRANDAUER Rechtsanwälte Salzburg

Foundation law mandates are handled by Mag. Bernhard Brandauer together with a well-rehearsed team. We review the foundation declaration, board resolutions, information claims and liability issues and tell you clearly where you stand.

1978
firm founded
4.9
Google rating
AT
active Austria-wide
24h
callback promise

Digital. Austria-wide.

We work wherever suits you best, without detours.

01

Initial consultation by video

Zoom, Teams or phone, whatever suits you. Founders, beneficiaries and board members often live in different cities or abroad; we bring the advice to where you are.

02

Documents online

Upload the foundation deed, supplementary deed, financial statements, resolutions and correspondence securely. We review and assess them in a structured, traceable way.

03

Electronic signature

Sign powers of attorney and declarations with legal effect in one click, GDPR-compliant, without detours.

We have advised foundations seated in Vienna, Linz, Innsbruck and Graz for years, Austria-wide. In person we are available at the Salzburg office and wherever court or commercial register require us.

Where we represent you.

Nine fields of Austrian foundation law that we handle in daily practice, from formation to foundation disputes.

01

Formation and foundation deed

Setting up with a clear architecture: foundation deed, supplementary deed, governing bodies and asset endowment drafted so the foundation delivers what the founder intended.

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02

Founder rights, amendment and revocation

Reserved founder rights secure influence: amending the foundation declaration, revoking the foundation and the limits where several founders are involved or rights have lapsed.

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03

Beneficiaries and information rights

Beneficiaries have rights: information about the foundation, inspection of the foundation declaration and remedies when the board blocks or distributions stop.

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04

Foundation board and liability

Appointment, removal, remuneration and liability of the foundation board: duties of care, conflicts of interest and responsibility towards the foundation.

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05

Advisory board and supervisory bodies

Advisory board, supervisory board and foundation auditor: how further bodies control the foundation, where their powers end and what applies to beneficiary-dominated bodies.

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06

Foundation disputes and enforcement

When conflict erupts inside the foundation: removal applications, special audit, disputes over resolutions and court enforcement of claims of all parties involved.

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07

Dissolution and liquidation

From the dissolution resolution to deletion from the commercial register: grounds, winding-up, ultimate beneficiaries and distribution of the remaining assets.

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08

Family wealth and succession

The foundation as a bracket over family wealth and shareholdings: generational change within the foundation structure, family roles and conflict prevention among beneficiaries.

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09

Real estate in the private foundation

Real estate held by the foundation: governance of administration and realisation, use by beneficiaries and typical areas of conflict between bodies and family.

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Who is behind privatstiftung-anwalt.at.

privatstiftung-anwalt.at is a practice area of Brandauer Rechtsanwälte in Salzburg, a firm advising clients on legal and business matters since 1978. We advise founders, beneficiaries, foundation boards and advisory boards of Austrian private foundations. We combine experience from corporate and asset law, from disputes between governing bodies and from accompanying family wealth across generations. In each case the principle is: understand the structure, secure your rights, resolve conflicts before they paralyse the foundation.

Quick questions.

What minimum assets does a private foundation need? +
The Austrian Private Foundation Act requires dedicated minimum assets of 70,000 euros. Economically, a private foundation usually only makes sense with considerably larger assets, because of the running costs for board, auditor and administration. We discuss openly whether a foundation fits your asset structure.
Can the founder later amend or revoke the foundation? +
Only if these rights were reserved in the foundation declaration. Revocation is additionally open only to founders who are natural persons. Without a reservation, amendment and revocation are largely barred; this is exactly why the drafting of the foundation declaration matters so much.
What rights do I have as a beneficiary? +
Beneficiaries are entitled by statute to information on the fulfilment of the foundation purpose and to inspect the foundation declaration, financial statements and audit report. If the board refuses, the court decides on application. Whether there is an enforceable claim to distributions depends on the foundation declaration.
Who controls the foundation board? +
Ongoing control lies with the foundation auditor, in certain cases with a supervisory board; many foundation declarations additionally provide for an advisory board. The commercial register court also watches over the foundation: it can remove board members for gross breach of duty and order a special audit on application.
Do I have to come to Salzburg for an initial consultation? +
No. We routinely offer initial consultations by video call or phone. You can submit the foundation declaration, financial statements and correspondence securely online. For court or commercial register hearings we appear in person.

Conflict in the foundation, a blocked board, information denied?

In foundation law, structure, deadlines and evidence decide. Call us directly or write to us, callback within one business day.

Direct line to the firm.

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg