Record the vacancy
Document departure and date.
Foundation board
A missing private foundation board member: court appointment under the PSG
If a required board member is missing, a private foundation may lose its ability to act. Section 27 PSG provides a court route.
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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.
16 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
A foundation board must have at least three members under the PSG. If one member is lost, this is not merely an internal staffing issue.
The foundation must preserve its ability to act and fulfil its purpose. A court appointment of a missing organ member may be necessary.
This article explains which facts and documents matter for that assessment.
Why the minimum composition matters
Why the minimum composition matters
The foundation board manages and represents the foundation. Its statutory minimum composition protects the ability to act. The deed may add rules but cannot replace mandatory PSG requirements.
Before any measure, establish the current organ position from the deed and register.
When a court application is relevant
When a court application is relevant
If members required by law or the deed are missing, the court appoints them on application or on its own initiative. The application should explain the vacancy, representation position and urgency.
Not every disagreement leads to an appointment. The key question is whether a required member is actually missing.
What must be clarified meanwhile
What must be clarified meanwhile
Until the issue is resolved, do not assume powers that are not supported by law or the deed. Urgent measures require a review of their basis and representation effect.
The file should contain the vacancy, register position, deed and prior communications.
Review matrix
Classifying a missing organ member
Documents, authority and implementation must fit together.
| Question | What matters | Document |
|---|---|---|
| How many members remain? | Statutory and deed-based minimum | Register and deed |
| Who may represent? | Current representation rule | Signature and resolution |
| What should be requested? | Court appointment if a member is missing | Application and vacancy record |
Important: Before implementation, review the deed, authority and records together.
Process
From legal basis to reliable implementation
A fixed sequence keeps open questions visible.
- 01Step 101Step 1
- 02Step 202Step 2
Check the organ position
Compare deed and register.
- 03Step 303Step 3
Secure representation
Classify signatures and urgent measures.
- 04Step 404Step 4
Prepare the court route
Assemble application and evidence.
Initial assessment
A missing private foundation board member: court appointment under the PSG
The next step depends on the actual organ position.
Already know you want to get in touch? Go straight to the enquiry form.
Is a member required by law or the deed missing?
All paths at a glance
Overview of all answers.
The review can continue.
A court appointment application may be prepared on this basis.
Complete the basis first.
First clarify the composition and representation rule completely.
Frequently asked questions
A missing private foundation board member: court appointment under the PSG
How many members must the board have? +
The foundation board must generally have at least three members.
Who appoints a missing member? +
The court appoints members required by law or the deed on application or on its own initiative.
Is an internal resolution enough? +
An internal resolution does not replace a court appointment where a required member is missing.
Topics
Private foundationFoundation deedFoundation boardRecordsPSG
Conflict in the foundation, a blocked board, information denied?
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