Fundatio pro iam nata habetur? Legal Capacity of Private Foundations Before Registration (Recognition) in a Comparative Perspective

Not every legal system allows a family (private) foundation to operate prior to registration (i.e. prior to acquiring legal personality). Furthermore, not all legal systems require registration at all. This text compares five European regulatory frameworks governing private foundations, focusing on whether, and to what extent, a foundation may operate prior to registration or recognition by a state authority.

A private foundation acting ‘ultra vires’? A comparative analysis of the limits on the powers of board members to act contrary to the foundation’s purpose

In some legal systems, members of the governing body of a private foundation do not have the capacity to act on its behalf in matters going beyond the purpose of the foundation as defined by the founder. In this text, the approaches to this issue in five European systems are compared and assessed from the perspective of multi-generational succession planning.