We are happy to assist you for all requests and topics about all matters relating to establishment of foundations, transfer of registered office, association statutes or legal advice for municipalities. The following answers will help you to gain an initial overview.

Foundation

The establishment of a foundation requires the dedication of assets for a specific foundation purpose. The initial assets must be large enough to enable the foundation to carry out reasonably significant activities and must be proportionate to the foundation's purpose. In practice, the initial capital (net cash assets) must amount to at least CHF 50,000.00.

Association

The changement of the statutes must be dealt from the general meeting. Depending on the content of the planned amendment and the content of the previous articles of association, a certain number of votes or a certain proportion of the voting share may be required for approval, which must be observed.


To this end, the Board of Directors must prepare a draft of the Articles of Association in advance or commission a notary to do so, for example. The general meeting must be convened in compliance with the invitation deadline and the amendment to the articles of association must be placed on the agenda. It is advisable to submit the draft of the new articles of association to the members at the same time so that they can get an idea of the amendment in advance. The business must then be dealt with the general meeting, which must decide on it. If the business is legally approved, the amendment to the articles of association has been made. If the association is entered in the commercial register, the amendment to the Articles of Association must be registered.

Yes, this is done by the notary. The notary prepares the necessary documents in connection with the registration in the commercial register and submits them to the commercial register office on behalf of the authorised representative. The notary also undertakes the necessary notarisation of the signatures of the association's board members.

Municipalities and public corporations

Let's take an example.


Let's take a look at the death of a local resident and the following information:
 

  • Married

  • Leaves assets of CHF 50,000.00

  • One descendant abroad without representation

  • Inheritance contract deposited with the notary

  • Will deposited with the municipal administration


In this context, the question arises as to whether an inheritance inventory should be drawn up.
 

As there is a descendant abroad without representation, the municipality will order an inheritance inventory and instruct a notary to draw it up. The inheritance inventory (or tax inventory) is a declaratory document.
 

In order to relieve the municipal authorities, the notary can also be commissioned to open all testamentary dispositions.
 

In addition, the notary can draw up a deed of declaration of events and circumstances, which can be used as reliable evidence in the relevant proceedings.

In addition to public notarisation and the associated ancillary work, the notary provides comprehensive legal advice on all areas of life and issues.


You can also benefit from our ongoing co-operation with banks, lawyers, trustees, municipal and cantonal authorities, surveyors, architects, etc.

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