Important decision
The Civil and Commercial Chamber of the Supreme Court has approved for publication in the Collection of Judicial Decisions and Opinions a legal sentence concerning foundations. According to the resolution in Case No. 27 Cdo 2648/2024, the legal regulation of foundations in the Civil Code does not allow the founder to transfer his/her status to another person.
The Supreme Court dealt with a case in which a foundation sought to change the registration in the Foundation Register so that the existing founder was deleted and another person was registered as the new founder. The courts rejected the application and the Supreme Court upheld their conclusion. According to the Supreme Court, the position of the founder of a foundation is firmly linked to the specific person who established the foundation and determined its basic purpose, assets and internal setup.
The Court accepted that the founder may reserve certain powers in the foundation’s charter or delegate certain powers to other persons or bodies of the foundation. However, this does not mean that it can transfer the status of the founder itself. The conclusion is particularly relevant for registry practice and for foundations that would like to change the founder’s personality only by agreement or by amending the foundation deed.
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