Full text: Taxation of foundations in Europe

28 Foundations operating under the aegis of other foundations (fondation sous égide) In its Art. 5, the law on the development of patronage sets forth the advantages granted in the event of the establishment of a trust structure comparable to that of the Anglo-Saxon trust. Pursuant to this law, foundations pursuing public utility purposes may receive endow- ments to support another foundation (foundation sous égide) having the same purpose but which are not recognised as serving the public interest. In this case, the funds of the founda- tion are administered by another institution (foundation abritante). Foundation with special status (fondation ? statut particulier) Such as the business foundation, this type of foundation is a legal person governed by pri- vate law and subject to the provisions on public utility foundations. The fondation du patri- moine is one example for this foundation. 5.4. Dissolution If a foundation is endowed with irrevocable funds, it is considered as established on a per- manent basis. In this case, the founders cannot reserve the right to reclaim their endow- ments in the event of dissolution. Liquidation proceeds may not be distributed among the founders, if applicable27. Public utility foundations cannot change their legal form (in particular, they cannot be trans- formed into a public utility association). 5.5. The International context The foundation is deemed to be based in the country where it has its registered seat. The registered seat may in principle be transferred to another country if an adequate agreement exists between this country and France. 27 Cf. ibid, p. 903.

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