Private foundations

Areas of expertise

Tailoring foundation deeds to precisely match the individual needs of our clients is our particular expertise in the area of private foundation law. We advise on the establishment of private foundations (including non-profit foundations) as well as the restructuring and re-organisation of already existing private foundations. Giving close consideration to the setting in which the foundation was first established, real-life foundation practice, the current circumstances as well as the goals and needs of the founders and beneficiaries, we develop a foundation deed that is suitable for the specific individual case. We accompany the transition from one generation to the next and it is in this field in particular that we have accumulated comprehensive expertise in recent years. We have turned into a central contact for the entire family for drafting foundation concepts that ensure a sustainable succession.

Contentious foundations have become a special focus of our expertise. In disputes relating to private foundations we provide both out-of-court support as well as in the context of court proceedings,.

Our main areas of advice in private foundation law include in particular:

Advising founders on the drafting of foundation declarations during the establishment of private foundations, with a particular focus on conflict avoidance and asset protection.
Designing private foundations as part of business succession concepts, with particular regard given to the position of the private foundation as shareholder
Establishment of sub-foundations to resolve conflicts between trunks of beneficiaries or to secure founder rights for the next generation
Advice on the structuring of private foundations to ensure the best possible protection of the position of the beneficiaries after the death of the founders
Safeguarding the rights of the family in family businesses owned by the family foundation
Preparing and supporting generational succession in the foundation
Structuring the position of beneficiaries to cover claims to compulsory portions
Amendment and ongoing review of foundation declarations within the framework of the MP Foundation Check
Representation of founders/beneficiaries/board members (other foundation bodies) in disputes concerning the private foundation, e.g. on questions of interpretation of foundation declarations, dismissal of bodies, disputes concerning measures of foundation administration as well as the enforcement of beneficiaries’ rights (rights to information).
Advising foundation directors on avoiding liability by preparing expert opinions on issues relating to the administration of foundation assets (business judgement rule).
Support on the establishment of charitable foundations
Supporting the foundation board in the administration of the foundation’s assets by preparing checklists, samples and ongoing advice on questions of interpretation of the foundation declaration, in particular as part of MP Foundation Board Coaching
Assuming foundation board mandates