Full text: Taxation of foundations in Europe

Foundations operating under the aegis of other foundations (fondation sous 
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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