The relevant documents are organised.
With the documents available, authority, deadline and the concrete measure should now be reviewed and coordinated by counsel.
Foundation declaration
Setting up a private foundation: the key steps at a glance
From the first concept to the commercial register: how a private foundation is set up under the PSG and which pitfalls typically lurk at formation.
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.
11 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Setting up a private foundation looks like a formal chain at first sight: concept, notarial deed, commercial register. In reality almost all long-term decisions are set at this stage.
We show the typical stages so you can keep an overview of the order and the points where later dispute is often triggered.
Concept before notarial deed
Concept before notarial deed
Before the first notarial page there is always the concept phase: what is the economic sense of the foundation? Which assets are endowed? Who should get what and when? These questions shape almost all later rules.
Anyone who skips this clarification risks a foundation that exists formally but misses the economic point.
Notarial deed and commercial register
Notarial deed and commercial register
After the concept phase the foundation declaration is made as a notarial deed. The foundation deed is filed with the commercial register, the supplementary deed stays confidential.
With registration the foundation comes into existence. From that moment the endowed assets belong to the foundation itself.
Setting up a private foundation: the key steps at a glance
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All paths at a glance
Overview of all answers.
The relevant documents should be completed.
First secure the foundation documents, resolutions, correspondence and deadline evidence. A reliable next step can then be set.
The relevant documents are organised.
With the documents available, authority, deadline and the concrete measure should now be reviewed and coordinated by counsel.
The relevant documents should be completed.
First secure the foundation documents, resolutions, correspondence and deadline evidence. A reliable next step can then be set.
Frequent questions
What clients often ask.
What steps are involved in setting up a private foundation? +
From the first concept to the commercial register: how a private foundation is set up under the PSG and which pitfalls typically lurk at formation.
Does this article replace legal advice? +
No. It is a general orientation on the Austrian PSG framework and does not replace advice in individual cases.
Is the firm available Austria-wide? +
Yes. The Salzburg-based firm represents clients Austria-wide.
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Topics
FormationFoundation declarationPSGAsset endowment
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000