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Foundation; application for approval of certain legal transactions
Foundations under public law require approval for individual legal transactions.
Forms
Forms
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Formloser Antrag (mit Unterschrift)
Dieser Assistent unterstützt Sie bei der Erstellung eines formlosen Schreibens, wenn die zuständige Stelle kein Antragsformular zur Verfügung stellt.
This form can be submitted electronically (e.g. via a secure contact form using your user account with login via the electronic ID function or the ELSTER certificate) or handwritten and signed in paper form to the responsible authority.
Responsible for you
Regierung von Oberbayern - Sachgebiet 12.1 - Kommunale Angelegenheiten; Stiftungen
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Street address
Maximilianstraße 39
80538 München
Hinweis: Wir empfehlen eine vorherige Terminvereinbarung bei persönlichen Vorsprachen
Postal address
80534 München
Phone
Fax
Opening hours
Persons of contact
Standort im BayernAtlas
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Procedure details
Description
The approval of the foundation authority
- is required for the acceptance of endowments which are linked to a burden or which are intended to serve a purpose other than that of the foundation,
- the conclusion of surety agreements and related legal transactions that involve the foundation assuming liability for third-party debts,
- legal transactions in which a member of a foundation body is involved personally or as a representative of a third party (exception: the foundation is represented by a special representative, the legal transaction consists exclusively of the fulfillment of an obligation or the foundation merely obtains a legal advantage as a result).
Required documents
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Description of the scope and effect of the transaction
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Resolution of the competent foundation body
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Foundation supervisory authority may require the submission of further documents necessary for the examination of the application
Deadlines
Applications for approval must be submitted immediately after the conclusion of the legal transaction requiring approval, which remains pending until official approval has been granted.
In order to avoid any costs for notarization of the legal transaction, its eligibility for approval should be clarified in advance by submitting a draft to the foundation supervisory authority.
Legal bases
Related issues
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Municipal foundation; information on legal supervision
In the case of municipal foundations, the legal supervisory authority responsible for the respective municipality is responsible for certain foundation supervision tasks if the foundation is administered by the municipality.
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Foundation; application for recognitionIn addition to the foundation deed, official recognition is required for the establishment of a foundation with legal capacity.
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Foundation; application for approval of an amendment to the Articles of Association
If you wish to amend or supplement individual provisions of the articles of association of a foundation with legal capacity, you can do so under certain conditions with the approval of the responsible foundation authority, provided that the founder's wishes are observed.
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Foundation; information on legal supervision
For their protection, foundations that pursue public purposes, with the exception of foundations administered by the state, are subject to the legal supervision of the state (foundation supervision). The foundation authorities are the governments.
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Foundation; notification of changes to the composition of the bodies
Foundations with legal capacity that pursue public purposes and are therefore subject to government supervision are obliged to notify the foundation authority of the composition of the foundation's bodies and any changes without delay.
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Foundation directory; application for change of addressWith this application, the foundations can apply to the government to change the address of the foundation administration, which will then be updated in the foundation directory.
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List of foundations; inspection
The foundation directory contains all foundations with legal capacity based in Bavaria and the most important data for each foundation. Anyone can view it without giving reasons.
Status: 16.07.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium des Innern, für Sport und Integration
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