Identify the documents
Collect the business letters and order forms used in the process.
Section 32 PSG requires the service address and the foundation board to be stated on private foundation business letters and order forms.
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.
Section 32 PSG sets specific information requirements for private foundation business letters and order forms. In addition to the general information, the document must state the private foundation address relevant for service and the foundation board.
The rule concerns the document used in external business dealings. An order form can therefore be formally incomplete even when the order, delivery address and person signing are known in the individual case.
The document review should compare the template, the current service address and the designation of the foundation board.
The special rule refers to business letters and order forms. It therefore concerns documents with which the private foundation appears externally in business dealings. An order form sent to a supplier falls within this area by its function.
The function of the document determines the practical review. The rule answers which information must be visible on the document. It does not decide whether an order was effectively placed or whether the contract is substantively correct.
The address relevant for service on the private foundation must be stated. Section 32 PSG therefore requires a concrete address at which service can be made on the foundation. A mere reference to the registered seat without a usable address does not reliably answer this requirement.
The template should use the address that is relevant for the ongoing business correspondence and service. When it changes, the document template should be updated promptly.
Section 32 PSG also requires the foundation board to be stated. This identifies the organ that leads the private foundation within its organisational structure and can represent it externally. The order form should therefore show which organ is associated with the foundation.
The designation of the organ is separate from the question who may sign in the particular case. The foundation deed, the representation rules and any specific authority govern signing power. Section 32 PSG does not replace that review.
A reliable template contains the address relevant for service and the designation of the foundation board in a clearly identifiable place. Before regular use, check that both items are present in their current form and clearly assigned to the private foundation.
The review belongs in the template process. Business letters, order forms and electronic document templates should use the same current information. This prevents an old address or outdated organ designation from continuing to circulate.
If the address relevant for service or the composition of the foundation board changes, the document set should be checked. This particularly concerns templates that are sent automatically to suppliers or business partners.
Updating one PDF is not enough for a reliable process. The responsible team should identify the business-letter and order-form templates in use, enter the current information and remove the old version from the active workflow.
Section 32 PSG governs the information shown on the document. It determines which information must be visible in external business dealings. The provision does not decide the substantive signing power of a particular person or the validity of the underlying contract.
When an order form has already been sent, two levels should therefore be reviewed separately: the formal document information under section 32 PSG and the private foundation’s representation in the particular transaction. This distinction prevents a missing entry from being treated as a conclusion about the entire contract.
Business letters and order forms should be checked against the same points before dispatch.
| Review point | Requirement under section 32 PSG | Practical check |
|---|---|---|
| Address | Address of the private foundation relevant for service | Use the current address in every template |
| Organ | The foundation board must be stated | Use the complete current designation |
| Business dealing | Entries on business letters and order forms | Review dispatch templates before use |
A short document review keeps both required entries up to date.
Collect the business letters and order forms used in the process.
Enter the address relevant for service.
Check the organ designation in the current version.
For a particular transaction, also check the signer’s authority.
This guide checks the two entries on the document in use.
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First establish whether the document is used as a business letter or order form in the private foundation’s external dealings.
Add the private foundation address relevant for service to the template and review the other versions in use.
Add the foundation board to the document template and check the current organisational position.
The two entries are present. For a particular transaction, review the signing authority of the person acting separately.
Who may sign for the private foundation and which representation issues require a separate review.
Formation documents, registration and later changes to the register position.
Practical reviews for the organ’s ongoing work.
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