CLEMENS advises foundations, trusts and other self-governing, non-profit institutions within all areas of Danish foundations law.
At CLEMENS, we have increased our focus on foundations law in recent years. Today, we are therefore highly specialised within this field. Our experience is based partly on years of representation of commercial foundations including industrial foundations, family foundations/private foundations/trusts, public foundations and other self-governing institutions, partly on previous employment with the Danish Business Authority as registration and supervisory authority, and finally on our knowledge of company and public law issues.
Our advice to foundations and self-governing institutions include the organisation and structuring of activities, where foundations, trusts and other self-governing institutions may be set up with advantage. Moreover, CLEMENS participates in national and international networks and associations within foundations law.
Our expertise comprises all facets of foundations law, including particularly the rules and regulations applicable to commercial foundations including industrial foundations. We have thorough insight into (i) the special areas, within which foundations, trusts and other self-governing institutions are subject to inspection by the supervisory authority, and (ii) how the supervisory authority may organise such inspections.
We offer advice on all aspects of foundations law and are committed to finding value-adding solutions that are easily applicable. We are also our clients’ sparring partner on general foundations law issues, and we have extensive experience with the challenges facing foundations/trusts, both in relation to the daily operation and management, including grants, and in relation to public stakeholders, including the foundations authority.
If you are contemplating establishment of a foundation in connection with succession/generational change, please feel free to contact CLEMENS for a discussion hereof. It is important to plan the generational change in such good time that your business is adequately geared. We have extensive knowledge of the area and have developed a number of succession planning models for succession/generational change to a foundation/trust. With the right planning, preparation of documents and corporate structure, it is thus possible to implement succession/generational change in a fiscally neutral manner.
CLEMENS advises among other things on:
- Commercial foundations including industrial foundations
- Non-commercial foundations including public-benefit foundations
- Foundations exempt from the Danish foundations law
- Social foundations – for example foundations within the competence of the Danish National Board of Social Services
- Public foundations
Some of the topics we advise on are:
- Choice of structure and establishment
- Application and registration
- Preparation and implementation of a generational change/succession to a foundation/trust
- Amendments of articles of association
- Other amendments in the set-up
- Operation and management
- Administration of foundations/trusts
- Board work and legal advice to the board, including compliance with articles of association
- Grants, including grant practice and policy (i.a. license agreements, etc.)
- Board remuneration
- Management structure and liability
- Review of the foundation’s internal affairs, including the annual report to ensure adherence to Danish foundations law
- Integration and merger
- Contact/correspondence with the foundations authority, including the Department of Civil Affairs (a department under the Danish Ministry of Justice), the Danish Business Authority, the Danish National Board of Social Services, etc.