Which Documents Should Be Given to a Lawyer to Establish a Foundation?
Foundation Formation and Foundation Deed
Foundation Formation and Foundation Deed
Prepared by: Constantinople
The initial review requires founders' identity documents, any legal-person founder's formation documents and competent-body resolution, purpose statement, draft deed, registered-office address and asset documents. Cash and property allocations are not proved by identical documents. Title records, encumbrances, valuations and bank documents are assessed according to the file. With several founders, identify clearly who allocates which asset and under what authority.
A name and an intention to donate alone are insufficient to establish a foundation. The founder's identity and legal capacity, continuing purpose, allocated property or rights and administration arrangements must be determined together. The intention to establish a foundation is expressed through an official deed or testamentary disposition; legal personality arises on court-register registration. Executing a deed before a notary does not mean the court stage is complete.
In the formation file, first examine consistency between purpose and resources, then whether governing bodies can operate and their representative authority. Translation, authentication and power-of-attorney scope for foreign documents are planned separately. Funds should not be allocated using an old example without checking the minimum formation assets for the application year. A short founders-and-assets list sent to the lawyer reduces unnecessary notarial procedures.
Related Questions
Legal Bases
In Which Order Should the Registration File Be Prepared?
Preparing the founding deed, allocating assets and court registration are complementary steps. Assessing founders' authority and allocated-asset records alongside the draft deed reduces the risk of applying with missing documents. Central-register, publication, bank and governing-body procedures must also be completed after registration. If an application is rejected or a deficiency letter issued, retain the whole decision and service record. Identify the deficiency or reason to be addressed before preparing another application.