The establishment of a private foundation is an instrument of succession planning for family businesses. Generally, foundations are established for an indefinite period and must – in the long term – prove to be capable of acting in order to achieve their purpose. In order to be successful and achieve the intended purpose, founders and foundations need specialised legal services tailored to their individual needs.
We assist our clients in the structuring of their assets and details of their succession, including the establishment of private foundations. In addition, we provide ongoing legal advice to foundations and foundation bodies. In this context, we work in close cooperation with our KPMG tax colleagues.
Main Focus of Activity
- Drafting of the foundation deed and internal regulations such as rules of procedure and guidelines
- Advice following changes to applicable laws and recommendation of changes to foundation documents resulting from such changes
- Implementation of structural measures in foundations (e.g. establishment of a compliance system, establishment or restructuring of subsidiaries)
- Advice on the compatibility of specific measures a view to provisions set out in the foundation deed/foundation purpose
- Meeting management for foundation bodies
- Duties of care of the foundation bodies
- Succession planning and arrangements (drafting and revision of wills, inheritance contracts, etc.) and representation in matters of inheritance law