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Municipal foundation; information on legal supervision
In the case of municipal foundations, the legal supervisory authority responsible for the respective municipality is responsible for certain foundation supervision tasks if the foundation is administered by the municipality.
Responsible for you
For contact details of the responsible authoritiy and local valid information select under "Select location" a location.
Procedure details
Description
Local, district-municipal and district-municipal foundations (municipal foundations) are foundations under civil or public law whose purpose lies within the scope of the respective municipal tasks and does not extend significantly beyond the territorial scope of the local authority (municipality, district or county). Unless otherwise specified in the foundation statutes, they are administered and represented by the bodies responsible for the administration and representation of the respective local authority (e.g. municipal council, first mayor).
For their protection, foundations that pursue public purposes (with the exception of church and state-administered foundations) are subject to legal supervision by the state (foundation supervision). For certain tasks of foundation supervision, the locally competent legal supervisory authority takes the place of the foundation authorities in the case of municipal foundations administered by municipalities, counties and districts. This concerns the tasks under Part 2 of the Bavarian Foundation Act (BayStG) with the exception of the provisions of Art. 12 to 14 BayStG, which are not applicable to municipal, municipally administered foundations, as well as the tasks under Art. 17 and 18 BayStG with the exception of Art. 18 No. 2 BayStG, which is also not applicable to these foundations. In this respect, the district offices are responsible for municipal foundations that are administered by a municipality belonging to a district. As legal supervisory authorities, the governments are responsible for the aforementioned tasks of foundation supervision for municipal foundations that are administered by independent cities and districts. The State Ministry of the Interior, Sport and Integration is responsible for the aforementioned tasks of foundation supervision for municipal foundations that are administered by the districts. Otherwise, the governments are responsible as foundation authorities for municipal foundations, even if these are administered by a municipality.
The foundation and legal supervisory authorities are to advise, promote and protect municipal foundations in the performance of their tasks in an understanding manner. When supervising the foundation, they must observe the founder's wishes and ensure that the foundation's affairs are conducted in accordance with the law and the foundation charter. In particular, they monitor the preservation of the foundation's assets and the intended use of its income and designated donations. The legal supervisory authorities are responsible for approving certain legal transactions and elements of the budget statutes for municipal foundations that are administered by a municipality. In the case of these foundations, the Bavarian Municipal Auditing Association or the state auditing offices of the district offices are responsible for the supra-local audit.
The respective government as the foundation authority is responsible for approving amendments to the articles of association and new versions of the articles of association as well as for terminations in the case of municipal foundations.
Legal bases
Related issues
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Foundation; application for recognitionIn addition to the foundation deed, official recognition is required for the establishment of a foundation with legal capacity.
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Foundation; application for approval of certain legal transactions
Foundations under public law require approval for individual legal transactions.
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Foundation; application for approval of an amendment to the Articles of Association
If you wish to amend or supplement individual provisions of the articles of association of a foundation with legal capacity, you can do so under certain conditions with the approval of the responsible foundation authority, provided that the founder's wishes are observed.
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Foundation; application for a certificate of representationAt the foundation's request, the foundation authority can issue an official certificate of representation. This makes it clear in legal transactions who represents the foundation.
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Foundation; information on legal supervision
For their protection, foundations that pursue public purposes, with the exception of state-administered foundations, are subject to the legal supervision of the state (foundation supervision). The foundation authorities are the governments.
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Foundation; notification of changes to the composition of the bodies
Foundations with legal capacity that pursue public purposes and are therefore subject to government supervision are obliged to notify the foundation authority of the composition of the foundation's bodies and any changes without delay.
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Foundation directory; application for change of addressWith this application, the foundations can apply to the government to change the address of the foundation administration, which will then be updated in the foundation directory.
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List of foundations; inspection
The foundation directory contains all foundations with legal capacity based in Bavaria and the most important data for each foundation. Anyone can view it without giving reasons.
Status: 05.07.2024
Editorial responsibility Bayerisches Staatsministerium des Innern, für Sport und Integration
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