Until now, association law has made it possible to appoint individuals as special representatives: representatives with institutional power of representation alongside the executive board. But what does this mean for the employee status of a managing director employed by an association? The Federal Labour Court (BAG) has ruled on this issue – with implications for the future structure of managing director contracts and powers of attorney.
Continue ReadingTag: Foundations & non-profit organizations
The foundation register will come into effect on 1 January 2026
To date, there has been no central register for foundations in Germany. This is set to change in 2026 with the introduction of a nationwide foundation register. The aim is to create transparency and replace the existing foundation registers maintained by the federal states. This will affect foundations with legal capacity under civil law, regardless of whether they pursue private or charitable purposes.
Continue ReadingAsset protection in Germany with the help of foundations – René Benko as a role model for asset protection?
The need to protect your assets from third parties is legitimate. Asset protection is an important issue, particularly for people with large and very large assets, and should always be considered when planning your estate.
A recent example of asset transfers to protect assets from third-party claims is the case of René Benko,
Continue ReadingFamily company vs. family foundation
When it comes to long-term planning for the transfer and protection of family wealth, many families face an important decision: should a family-managed company or a family foundation be set up?
Both legal forms offer advantages in terms of asset succession, protection and management,
Continue ReadingMore transparency for donors: the donor register
Germans like to donate. And yet it is not always clear to citizens whether the recipient is reputable and whether the money is being used as the donor intended. In order to create more transparency, the nationwide donor register introduced on 01.01.2024 is intended to provide a remedy.
Continue ReadingNon-profit organisations & ESG: more than just following a trend?
The term “ESG” is currently on everyone’s lips. ESG is no longer just a buzzword, but an expression of a changed economic culture as a result of social change, climate change and political crises. But why should non-profit organisations (NPOs) devote themselves to this topic and position themselves accordingly for the future?
Continue ReadingFoundation and association part 2: the charitable foundation
If you want to set up a non-profit organization (NPO), sooner or later you will have to think about the right legal form and organization. To found an NPO, you can use the common legal forms from company law (GbR, GmbH, etc.).
It is important to know here: Under certain conditions,
Continue ReadingFoundation and association – Part 1: the non-profit association
Anyone thinking about getting involved in society – possibly together with others – must decide at some point what legal form this should take.
If you want to set up a non-profit organization (NPO), you can use the usual legal forms from company law (GbR, GmbH, etc.). However,
Continue ReadingImportant changes in foundation law as of July 2023
From July 1, 2023, the Act on the Unification of Foundation Law will come into force, bringing together, supplementing and clarifying many previously unclear, contradictory or incomplete points in foundation law. In addition to new, uniform federal regulations, the reform also includes the introduction of a central foundation register. The changes are intended to provide greater legal certainty in matters of liability,
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