Identify the assets
Record type, value and origin of the contribution.
An asset contribution after formation requires a clear allocation of assets, purpose and records. It does not by itself create a new founder position.
BRANDAUER Rechtsanwälte
Foundation law team, Salzburg and throughout Austria
Your matter is handled by a team combining corporate law, asset succession, real estate law and dispute resolution. We review the foundation declaration, board resolutions, information rights and liability issues and set out clear next steps. Mag. Bernhard Brandauer is responsible for the legal advice, supported by further specialised lawyers of the firm where the matter requires it.
An asset contribution expands the property of an existing private foundation. It must therefore be distinguished from formation and from the legal position of the founder.
Before an asset is transferred, its legal basis, purpose, valuation and later records should fit together.
This article explains which documents and decisions should be organised before the contribution.
A private foundation uses, manages and realises its dedicated assets for an authorised purpose. A person who contributes further assets after formation does not thereby become a founder.
In practice, identify who initiates the contribution, which assets are transferred and how the deed describes the purpose.
The file should record the reason for the transfer, the origin of the assets, a traceable valuation and the approval of the competent body. Real estate or shareholdings also require their contract and register documents.
The contribution should not appear merely as a bank receipt. Its link to the foundation purpose and its accounting treatment must remain traceable.
After the transfer, compare ownership, authority to dispose, accounting and any registration steps. A purpose-linked contribution needs a clear internal allocation.
Open valuation or admissibility questions should be resolved before implementation. A later file note cannot replace a missing decision basis.
Documents, authority and implementation must fit together.
| Question | Legal classification | Record |
|---|---|---|
| What is transferred? | Asset and legal basis | Contract, valuation, origin |
| Who acts? | Contributor and foundation | Resolution, authority, approval |
| What remains relevant? | Purpose and administration | Accounting, register, file note |
A fixed sequence keeps open questions visible.
Record type, value and origin of the contribution.
Relate the contribution to the deed and purpose.
Secure authority and approval in the file.
Check transfer, accounting and register position.
The next check depends on the documents and the purpose.
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The transfer can be prepared on this basis.
First complete origin, valuation, purpose and authority.
In foundation law, structure, deadlines and evidence decide. Call us directly or write to us, callback within one business day.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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