German Foundation Statutes: Content, Design, and Adjustment
Legal advice on your foundation’s statutes
A legally secure foundation statute is the bedrock for successful foundation work in Germany. Hence, when establishing a foundation, it’s of paramount importance to professionally design the statutes with future contingencies in mind. Even for existing foundations, the statutes may occasionally require adjustments to rectify deficits and errors.

Mandatory content for German foundation statutes
German foundation law mandates five essential components for the foundation statutes. The absence of these components in a foundation's statutes renders it ineligible for recognition:
- Name of the foundation
- Foundation's seat
- Foundation's purpose
- Basic endowment
- Formation of the foundation board
Optional content for foundation statutes
There's ample room for creativity in the design of the foundation statutes. Depending on the foundation's needs, additional content can be incorporated into the statutes, which can significantly streamline the foundation's operations. This might include:
- Statute amendment clause
- Fund forwarding clause
- Board remuneration
- Duties and responsibilities of the foundation bodies
Our lawyers, with their expertise in foundation law, can assist you in customizing the content of your statutes to cater to your foundation's requirements.
Securing charitable status with a legally secure foundation statute
If the foundation is seeking the status of a charitable organization or is already recognized as such, it must meet complex charity law requirements in Germany. This necessitates a custom-drafted statute for the foundation that fulfills both charity law requirements and accurately encapsulates the intended activities.
Minimizing liability with a well-designed statute
Errors in the statute can not only result in personal liability for board members but, in the worst-case scenario, even lead to the revocation of charitable status. Although liability cannot be entirely eliminated through a legally secure design of the foundation statutes, it can be reduced to a manageable level for the board. Regulations can stipulate clear allocation of responsibilities within the board or allow for delegation of certain tasks to special representatives.
Successful amendment of your foundation’s statutes
As a foundation's needs evolve over time, its statutes can be adjusted. The respective German state foundation laws determine the nature of these changes. Furthermore, when adjusting the statutes, the founder's will must be strictly adhered to. As one of the leading law firms in nonprofit law, we routinely handle amendments of foundation statutes. Our extensive experience enables us to identify the key rules for a successful statute revision.
Our consultation services for foundation statutes
Every foundation has unique needs and thus requires a customized statute, which we are more than happy to help you create. Our consultation on foundation statutes encompasses the following services:
- Drafting statutes for all types of foundations
- Optimizing foundation statutes
- Reviewing foundation statutes
- Reviewing and designing statute amendments
Your legal advisor for foundation statutes in Germany
Do you need assistance in drafting the statutes for your foundation or wish to adjust the existing foundation statutes? Your contacts for all queries regarding foundation statutes can be reached most conveniently via e-mail (info@winheller.com) or by phone (+49 69 76 75 77 85 24).
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