Privatstiftung
Foundation declaration

Private foundation register entries: formation documents and later amendments

A private foundation comes into existence upon registration. Formation documents, the board and later amendments must remain consistent.

BRANDAUER Rechtsanwälte
Your foundation law team

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.

15 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt

Registration is not merely the final administrative step for a private foundation. The legal entity comes into existence with registration.

The application requires specific documents. Later amendments must also be recorded so that the register reflects the effective foundation deed.

This article follows the path from formation to an amendment of a registered private foundation.

When the foundation comes into existence

The foundation deed establishes the foundation. Legal personality, however, begins only with registration. Acts taken beforehand can raise separate liability questions.

The deed, application and registration must therefore be kept distinct.

Documents for the application

The first foundation board applies for registration. The application includes, in particular, a publicly certified copy of the deed and the required statements concerning the dedicated assets.

Whether a formation audit report is also required depends on how the assets are dedicated. The documents should be aligned before filing.

What later amendments require

The PSG includes amendments to the foundation deed and information concerning a supplementary deed among the matters recorded. An effective amendment takes effect upon registration.

Before filing, compare the amendment resolution, deed, authority and intended register wording.

Review matrix

From deed to current register entry

Documents, authority and implementation must fit together.

The specific foundation deed remains decisive.
Question Point in time Document
When does it exist? Upon registration Deed and register extract
Who files? First foundation board Certified statements and authority
When does an amendment take effect? Upon registration Amendment resolution and deed
Important: Before implementation, review the deed, authority and records together.
Process

From legal basis to reliable implementation

A fixed sequence keeps open questions visible.

  1. 01
    Step 1

    Review the deed

    Compare content, form and asset dedication.

  2. 02
    Step 2

    Prepare the filing

    Collect board statements and complete attachments.

  3. 03
    Step 3

    Check registration

    Compare register wording and deed after entry.

  4. 04
    Step 4

    Track amendments

    File each effective amendment correctly.

Initial assessment

Private foundation register entries: formation documents and later amendments

The next step depends on the registration record.

Already know you want to get in touch? Go straight to the enquiry form.

01 Question 1

Do the deed and register entry match?

All paths at a glance

Overview of all answers.

01

The review can continue.

The current position can be reviewed using the registered documents.

02

Complete the basis first.

First compare the entry, deed and amendment resolution.

Frequently asked questions

Private foundation register entries: formation documents and later amendments

When does a private foundation come into existence? +
It comes into existence upon registration.
Who files the application? +
The first foundation board applies for registration.
When does an amendment take effect? +
An amendment to the deed takes effect upon registration.
Topics
Private foundationFoundation deedFoundation boardRecordsPSG

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