Foundation Articles of Association are essential governing documents required when establishing a foundation under Swiss law. This document type is mandatory for creating a foundation in Switzerland and must comply with the strict requirements of the Swiss Civil Code. The Articles serve as the foundation's constitution, detailing its purpose, organizational structure, governance mechanisms, and asset management principles. They are particularly crucial as they cannot be easily modified after registration without regulatory approval. The document must be prepared with careful consideration of long-term implications, as foundations are generally established for perpetual duration. Foundation Articles of Association need to address key aspects such as foundation board composition, supervisory arrangements, and dissolution procedures, while ensuring compliance with both federal and cantonal requirements.
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1. Name, Registered Office, and Duration: Legal name of the foundation, registered address in Switzerland, and duration (if not perpetual)
2. Purpose: Clear statement of the foundation's purpose and objectives, ensuring compliance with Swiss law
3. Initial Capital and Assets: Description of initial endowment and assets dedicated to the foundation
4. Foundation Board: Composition, appointment, term of office, and powers of the foundation board
5. Organization: Basic organizational structure and governance framework
6. Representation: Rules regarding who can represent the foundation and signing authority
7. Financial Year and Accounting: Financial year definition and accounting principles
8. Supervisory Authority: Recognition of supervision by competent authority
9. Amendment of Articles: Procedures for modifying the articles of association
10. Dissolution and Liquidation: Conditions and procedures for dissolution and asset distribution
1. Additional Bodies: For larger foundations: provisions for additional organs such as advisory boards or committees
2. Investment Guidelines: Detailed rules for asset management and investment policies
3. Conflict of Interest Provisions: Specific procedures for handling conflicts of interest
4. Beneficiary Rights: If applicable: detailed provisions regarding beneficiary selection and rights
5. International Activities: For foundations operating internationally: provisions regarding cross-border activities
6. Remuneration: Rules regarding compensation of board members and staff
7. Audit Provisions: Detailed audit requirements beyond statutory obligations
1. Initial Asset Inventory: Detailed list of initial assets and their values
2. Board Members: Initial board members and their details
3. Organizational Regulations: Detailed internal regulations and procedures
4. Investment Guidelines: Detailed investment policies and restrictions
5. Signature Regulations: Detailed signing authorities and procedures
6. Founder's Declaration: Additional declarations or wishes of the founder
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