Supervisory measures

According to § 29(3) StiftG, STIFA may through special non-contentious civil proceedings apply to the judge for the orders required by its supervisory activity, such as the control and dismissal of the executive bodies of the foundation, carrying out of special audits, or cancellation of resolutions of executive bodies of the foundation. Indications relevant to supervisory law may be brought to the attention of the supervisory authority. However, third parties who bring indications to the attention of STIFA but are not themselves foundation participants do not thereby directly obtain the legal status of a party or a participant; such persons are therefore unable to assert rights of parties in relation to STIFA, such as the right to inspect documents. Such persons likewise have no legal claim to have STIFA apply to the judge.

To oppose asset management and appropriation by the executive bodies of the foundation conflicting with the purpose of the foundation, foundation participants have the possibility of applying directly to the judge for the required measures (§ 29(4) StiftG). Within the meaning of foundation law (§ 3 StiftG), the following persons are deemed to be participants: the founder, the entitled beneficiaries, the prospective beneficiaries, the discretionary beneficiaries, the ultimate beneficiaries, the executive bodies of the foundation pursuant to §§ 11, 24, 27 and 28 StiftG, and the members of these executive bodies.

back «