How Can the Removal of a Foundation Administrator Be Requested?

Administration, General Assembly and Liability

Prepared by: Constantinople

A disagreement with a foundation administrator does not automatically end their appointment. The foundation category, term of office in the deed, election and removal arrangements and nature of the alleged breach must first be identified. Allegations of transactions contrary to the foundation's purpose, damage to assets or breach of statutory duties differ from personal disagreements. The removal mechanism in the Foundations Law and the powers of bodies under the deed must not be used interchangeably.

The review requires the current deed, governing-body resolutions, appointment or election documents, expenditure records, inspection reports and correspondence evidencing the breach. A chronology explaining the date of the alleged transaction, decision-makers and effect on the foundation is useful. An outcome cannot be assessed from abstract accusations or an account of arguments at a meeting alone. The applicant's capacity and entitlement to make the request must also be checked separately.

Removal should be assessed separately from compensation and interim protection needs. If the appointment changes, who will represent the foundation and how essential transactions will continue must also be planned. The administrator is not assumed at fault before their defence and the information and documents available at the time of the decision are examined. If access to financial records is difficult, lawful preservation of evidence is important.