Review the deed
Compare content, form and asset dedication.
A private foundation comes into existence upon registration. Formation documents, the board and later amendments must remain consistent.
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.
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.
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.
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.
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.
Documents, authority and implementation must fit together.
| 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 |
A fixed sequence keeps open questions visible.
Compare content, form and asset dedication.
Collect board statements and complete attachments.
Compare register wording and deed after entry.
File each effective amendment correctly.
The next step depends on the registration record.
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The current position can be reviewed using the registered documents.
First compare the entry, deed and amendment resolution.
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
Phone
+43 662 6280000