Service ONG

NGO Service

 

CREATING A FOUNDATION

A foundation is, in law, a moral person, the essence of which is that its property exists exclusively for a defined purpose. The law of foundations is governed by articles 80 et seq of the Swiss Civil Code.

HOW TO CREATE A FOUNDATION? 

A foundation must be created through an authenticated deed before a notary. It is created by the attribution of a capital amount to a specific purpose and it must be placed under the supervision of a public law entity (Confederation, canton, or commune), whichever is relevant in the light of its goals. This supervisory body ensures that the resources of the foundation are used for the intended purpose. This is a relatively rigid legal form. Once the goals are adopted during the consitution, they may be altered only with the consent of the supervisory body.
 
The practice of the Federal Supervisory Authority for Foundations is to require a minimum initial capital of CHF 50,000.
 
A foundation has the following mandatory organs:
  • The Foundation Council
  • An Audit Board

REGISTRATION

To complete the procedure of registration and to acquire legal personality, the foundation must be registered with the Commercial Registry. The foundation can also complete an informative profile with the NGO Service.
 

RESPONSABILITY TOWARDS THIRD PARTIES

Only the capital of the association is engaged with respect to third parties.