Apply for approval of an amendment to the articles of association of a foundation

Prerequisites

You can change the statutes of a foundation if the following legal requirements are met:
It is regulated by law that a foundation can decide to change the statutes, unless 1. the statutes state otherwise, 2. there is a factual reason for this, in particular the factual or legal circumstances have changed permanently, and 3. the actual or presumed will of the founder is not opposed.
The historical will of the founder, which was objectified in the statutes when the foundation was established, must not stand in the way of the amendments to the statutes.
Each individual amendment to the Articles of Association requires a justification. It is true that the factual reasons for a change must be more intensive, the more profound the change is. For far-reaching changes to the statutes, such as changes to the purpose of the foundation, there must be extremely important needs.
In addition, the respective statutory requirements must be met.
In the case of tax-privileged foundations, we involve the responsible tax office in the process, if necessary.

Documents required

• Text of the amendments to the articles of incorporation
• Justification for each change
• Decision of the competent bodies
• Evidence of the hearing of the founder
• if necessary, further documents

Please note

There are no hints or special features.

Deadlines

No.

Procedure

You submit an application for approval of an amendment to the articles of incorporation. For this purpose, it is advisable to first make a preliminary inquiry to clarify the approvability. To do this, please submit the text of the planned changes to the articles of association and a justification for the individual changes. If the planned changes can be approved, you will be informed and you can bring about the necessary committee resolutions. If the founder is alive, he/she should be heard beforehand. The resolutions would then be submitted and approved by the authority responsible for the supervision of foundations. You will receive a notification.

Processing time

Depending on complexity.

Fees

Administrative fees are incurred for the amendment of the foundation statutes, which depend on the effort involved and result from the fee schedule for official acts in the areas of association and foundation law.

Legal remedies

contradiction

Legal basis

§ 7 Hamburg Foundation Law

If you want to change the statutes of a legal foundation, you can only do so under certain foundation law conditions with the approval of the competent foundation supervisory authority.