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Founder rights
Amendment reservation in a private foundation deed: section 33 PSG
An amendment reservation must be assessed under section 33 PSG, the deed and the competent decision-making route.
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13 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
An amendment reservation in a private foundation deed is not a general right to rewrite every rule at any time. The wording, effective exercise, limits of section 33 PSG and any required court approval are decisive.
Errors arise where drafts, family understandings and notarised amendments are treated as the same thing. An amendment affecting beneficiary rights, board powers or purpose needs a clear basis.
This article focuses on preparing an amendment and separates it from court-approved amendment for changed circumstances and from a mere wish to adapt the foundation.
Distinguish reservation, power and amendment
Distinguish reservation, power and amendment
First establish whether the deed reserves an amendment power for the founder and how it is structured. A past intention does not replace the notarised reservation.
Then review content, form, authority and limits. An effective amendment requires the acting person to remain authorised and the declaration to follow the required route.
Which clause is to change?
Which clause is to change?
The file should place the existing rule, proposed wording and practical effect side by side. This prevents a drafting preference from silently changing purpose, board power or beneficiary status.
Changes to purpose, revocation, beneficiary class, final beneficiary or bodies require particular care. The stronger the intervention, the clearer the legal basis must be.
Section 33 PSG and court approval
Section 33 PSG and court approval
Section 33 PSG distinguishes exercise of a reserved amendment power from court amendment where circumstances have changed. The correct route must be identified before execution.
Court approval cannot be replaced by a private agreement. Conversely, court proceedings should not be used where a valid reservation supports the amendment.
Form, register and effectiveness
Form, register and effectiveness
The draft must be executed in the required form and filed with the register where required. Only the effective version can support later resolutions and distributions.
All versions, powers of attorney, evidence and filings belong in the amendment file. An unfiled draft must not be treated as the current deed.
Amendment matrix
Not every adaptation follows the same route
The deed determines whether the founder, court or neither can support the change.
| Review field | Possible route | Record |
|---|---|---|
| Reservation | Exercise valid amendment power | deed |
| Changed circumstances | court amendment under section 33 PSG | facts and prognosis |
| Draft | not yet effective | form and register |
Important: The specific deed and complete facts are decisive. A general template cannot replace a resolution or deed review.
Review sequence
From the basis to a reliable implementation
A fixed sequence prevents implementation from overtaking an open legal question.
- 01Step 101Step 1
- 02Step 202Step 2
Compare clause and effects
Keep the documents and decision for this step in order.
Take the next step only after legal and factual review.
- 03Step 303Step 3
Choose amendment route
Keep the documents and decision for this step in order.
Take the next step only after legal and factual review.
- 04Step 404Step 4
Execute deed in form
Keep the documents and decision for this step in order.
Take the next step only after legal and factual review.
- 05Step 505Step 5
Track effectiveness and filing
Keep the documents and decision for this step in order.
Take the next step only after legal and factual review.
Initial assessment
Amendment reservation in a private foundation deed: section 33 PSG
Two answers show whether the file is ready for the next step.
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Is the legal basis for this step fully documented?
All paths at a glance
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Implementation can be prepared on a documented basis.
Reconcile the resolution, documents, authority and implementation once more.
Complete the basis before implementation.
Secure the current deed, relevant resolutions and complete facts.
Frequently asked questions
Amendment reservation in a private foundation deed: section 33 PSG
Can the founder change every clause? +
No. The reservation, statutory limits, form and continuing authority are decisive.
When is court approval needed? +
It depends on the reason and deed. Section 33 PSG distinguishes a reserved power from court amendment for changed circumstances.
Is a signed draft already effective? +
Not automatically. Form, effectiveness and any required filing must be completed.
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Related topics and next reviews
Topics
private foundationfoundation deedfoundation boardbeneficiaryPSGresolutionrecords
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