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Charity Trust Deed Template for Germany

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Key Requirements PROMPT example:

Charity Trust Deed

"I need a Charity Trust Deed for establishing an environmental conservation foundation in Germany, with provisions for international operations and a focus on marine protection, to be launched in March 2025 with an initial endowment of €2 million."

Document background
The Charity Trust Deed (structured as a German foundation deed or 'Stiftungsurkunde') is essential when establishing a charitable organization in Germany that aims to serve public benefit purposes (gemeinnützige Zwecke). This document is required by German law, which does not recognize common law trusts but instead uses the foundation (Stiftung) structure for similar purposes. It must be carefully drafted to meet the requirements of the German Civil Code (BGB), Fiscal Code (AO), and state foundation laws. The deed includes detailed provisions about the foundation's purposes, asset management, governance structure, and distribution policies. It's particularly important for individuals or organizations looking to establish a lasting charitable legacy, as German foundations are typically designed to exist in perpetuity. The document requires approval from both the relevant state foundation authority and tax office to ensure compliance with charitable law requirements.
Suggested Sections

1. Parties: Identification of the settlor(s), initial trustees, and any protector or supervisory board members

2. Background: Context of the charitable trust's establishment and the settlor's intentions

3. Definitions: Key terms used throughout the deed, including German legal terminology with English explanations

4. Establishment and Name: Formal declaration of the foundation's establishment and its official name in both German and English

5. Charitable Purpose: Detailed description of the charitable objectives, ensuring compliance with German tax law requirements for charitable status

6. Initial Assets: Description of the initial endowment (Grundstockvermögen) and any conditions attached

7. Asset Management: Rules for managing and preserving the foundation's assets, including investment guidelines

8. Governance Structure: Composition and responsibilities of the board of trustees and any other governing bodies

9. Decision-Making Process: Procedures for board meetings, voting, and resolution passing

10. Distribution Rules: Guidelines for distributing funds to beneficiaries and charitable projects

11. Amendment Provisions: Procedures for modifying the deed within German legal constraints

12. Dissolution Provisions: Circumstances and procedures for dissolution and distribution of remaining assets

Optional Sections

1. Advisory Board: Establishes an advisory board (Kuratorium) when additional oversight is desired

2. International Activities: Include when the foundation plans to operate internationally, addressing cross-border compliance

3. Fundraising Rules: Add when the foundation plans to actively raise additional funds beyond initial endowment

4. Compensation Rules: Include when trustees or staff may receive compensation, ensuring compliance with charitable law

5. Conflicts of Interest: Detailed procedures for handling conflicts when complex family or business relationships exist

6. Branch Offices: Include when the foundation plans to establish multiple locations

7. Scholarship Programs: Specific rules for educational grant programs if relevant to the foundation's purpose

Suggested Schedules

1. Initial Assets Schedule: Detailed inventory of all initial assets transferred to the foundation

2. Initial Trustees: List of initial trustees with their full details and acceptance declarations

3. Investment Guidelines: Detailed investment policies and restrictions

4. Governance Procedures: Detailed procedures for meetings, voting, and administration

5. Grant-Making Criteria: Specific criteria and procedures for selecting beneficiaries and projects

6. Forms and Templates: Standard forms for grant applications, reporting, and other administrative processes

7. Tax Authority Correspondence: Copies of preliminary tax rulings or correspondence confirming charitable status

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Charitable Organizations

Non-Profit

Education

Healthcare

Social Services

Environmental Conservation

Arts and Culture

Religious Organizations

Humanitarian Aid

Scientific Research

Community Development

Youth Services

Elder Care

Disability Services

International Development

Relevant Teams

Legal

Tax

Compliance

Finance

Governance

Philanthropy

Risk Management

Corporate Secretariat

Investment

Grant Administration

Program Management

Development

Board Secretariat

Operations

Relevant Roles

Legal Counsel

Tax Advisor

Foundation Manager

Compliance Officer

Board Member

Trustee

Chief Executive Officer

Chief Financial Officer

Philanthropic Advisor

Grant Manager

Program Director

Investment Manager

Development Director

Governance Officer

Risk Manager

Company Secretary

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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