Private foundations
- Formation, structuring and administration of private foundations
- Board activity for private foundations
- Representation of foundation beneficiaries
Forbidden repayment of contributions in case of significant influence on private trust
Das Verbot der Einlagenrückgewähr gilt auch für Zuwendungen an eine Person, die über maßgeblichen Einfluss auf die an der Gesellschaft beteiligte Privatstiftung verfügt. Diese Voraussetzungen können auch auf Begünstigte der Privatstiftung zutreffen.
MoreBusiness with Private Foundation – Approval provision also applicable to GmbH controlled by the Management Board member
Legal transactions of the private foundation with a member of its board of directors - even in the case of contracting via a limited liability company controlled by a member of the board of directors, the court approval acc. § 17Abs.5 PSG (analog) to apply – if no application is made, the business is ineffective!
MoreMaintenance can be increased by using business opportunities through a private foundation
Profit that was earned through business opportunities not lucrated by the maintenance debtor personally but through a private foundation established by the debtor can increase the assessment base for alimony.
MoreWithdrawal of the beneficiary in a private foundation after divorce
The sole amendment of the foundation certificate by a founder, which can only be carried out jointly with another person, is not permitted. The consent of the other person shall be given, such as a subsequent approval of the amendment in a timely manner. The withdrawal of the beneficiary of the wife and children after a divorce may be legally abusive and ineffective.
MoreSubsidiarity of the court in the dismissal of a foundation council
In the present case, the lower courts rejected a request from the beneficiaries the Chairman of the Board of Management on his own initiative. The lower instances took the view that the court would act only on a subsidiary Basis if - as in the case at hand - the foundation decree regulations apply the dismissal of the board of trustees.
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