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Foundation; application for approval of certain legal transactions

Foundations under public law require approval for individual legal transactions.

Forms

Responsible for you

Regierung von Oberfranken - Sachgebiet 12 - Kommunale Angelegenheiten

Procedure details

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).

  • Description of the scope and effect of the transaction
  • Resolution of the competent foundation body
  • Foundation supervisory authority may require the submission of further documents necessary for the examination of the application

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.

Status: 16.07.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium des Innern, für Sport und Integration
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