Foundation Articles of Incorporation are essential when establishing a foundation in Switzerland, whether for charitable, family, or other permitted purposes. This document is required by Swiss law and must be prepared in accordance with the Swiss Civil Code, particularly Articles 80-89a. It serves as the foundation's constitutional document, detailing crucial information such as the foundation's purpose, initial capital, organizational structure, and governance framework. The Articles must be notarized and registered with the Commercial Register to give the foundation legal personality. They form the basis for all future operations and decisions of the foundation, and any subsequent modifications typically require approval from the relevant supervision authority. This document is particularly important as Swiss foundations are widely recognized for their stability and strong regulatory framework, making Switzerland a preferred jurisdiction for establishing foundations.
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1. Name, Registered Office, and Duration: Specifies the foundation's official name, legal seat in Switzerland, and whether it has a limited or unlimited duration
2. Purpose: Clearly defines the foundation's charitable or other purposes, scope of activities, and beneficiaries
3. Initial Capital and Assets: Details the initial endowment, form of assets, and basic principles of asset management
4. Organization: Outlines the foundation's organizational structure and governing bodies
5. Foundation Board: Defines board composition, appointment procedures, terms of office, and decision-making processes
6. Board Powers and Duties: Specifies the responsibilities, authorities, and limitations of the foundation board
7. Representation: Establishes who may represent the foundation and signing authorities
8. Accounting and Audit: Defines financial reporting requirements and audit procedures
9. Amendment of Articles: Specifies conditions and procedures for amending the articles of incorporation
10. Dissolution and Liquidation: Establishes conditions for dissolution and distribution of remaining assets
1. Advisory Board: Optional section for foundations wanting to establish an advisory body separate from the foundation board
2. Grant-Making Procedures: Detailed procedures for foundations primarily engaged in grant-making activities
3. Investment Guidelines: Specific investment principles and restrictions for foundations with substantial assets
4. International Activities: Special provisions for foundations operating internationally
5. Conflict of Interest Policy: Detailed procedures for handling conflicts of interest
6. Executive Management: Structure and responsibilities of professional management if the foundation will have employed executives
7. Branch Offices: Provisions for establishing and managing branch offices in other locations
1. Initial Board Members: List of initial foundation board members with their details and positions
2. Initial Assets Schedule: Detailed inventory of initial assets contributed to the foundation
3. Organizational Regulations: Detailed internal regulations governing the foundation's operations
4. Signature Regulations: Specific rules and authorities for signing on behalf of the foundation
5. Fee Schedule: If applicable, schedule of board member compensation or administrative fees
6. Deed of Foundation: Original deed of foundation if separate from the articles
7. Founder's Letter: Optional letter from founder(s) explaining their intentions and vision
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