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CHAPTER 1 - DRAFT

Published online by Cambridge University Press:  04 August 2010

Klaus J. Hopt
Affiliation:
Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany
W. Rainer Walz
Affiliation:
Bucerius Law School, Max Planck Institute, Hamburg
Thomas von Hippel
Affiliation:
Bucerius Law School, Max Planck Institute, Hamburg
Volker Then
Affiliation:
Bertelsmann Foundation, Gütersloh
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Summary

Civil Law

Based on EC Treaty Art. 95 and 308 the following proposition is made

Preamble

This draft for the European Foundation is intended to promote foundations in Europe (especially within the European Union). European Foundations shall exemplify generally accepted best practice in their activities and administration, especially in following high standards in matters of accountability and serving the public interest, and could therefore benefit from a favourable tax status, especially for cross border relationships.

Definitions

General Definition

European Foundations are separately constituted and independently managed bodies with their own governing board, having been irrevocably provided with valuable goods, rights or other resources and/or having at their disposal an income, having no members, and serving a public benefit purpose (see Art. 1.2).

Public Benefit Purpose

European Foundations serve public benefit purposes at domestic and/or international level either by supporting individuals, associations, institutions or other entities or by operating their own programmes.

European Foundations serve public benefit purposes if the purpose for which they are established is within one or more of the following categories:

  1. (a) Amateur sports;

  2. (b) Art & culture;

  3. (c) Children and youth;

  4. (d) Civil or human rights;

  5. (e) consumer protection;

  6. (f) Democracy;

  7. (g) Disaster relief;

  8. (h) Ecology & protection of the natural environment;

  9. (i) Education;

  10. (j) Elimination of discrimination;

  11. (k) European and international understanding;

  12. (l) Handicapped people;

  13. (m) Health & medical care;

  14. (n) Historical preservation (conservation of the built environment);

  15. (o) Prevention and relief of poverty;

  16. (p) Protection or care of animals;

  17. (q) Refugees and immigrants;

  18. (r) Religion;

  19. (s) Science;

  20. (t) Social or economic development;

  21. (u) Social welfare;

  22. (v) Other public benefit purposes.

Type
Chapter
Information
The European Foundation
A New Legal Approach
, pp. 6 - 18
Publisher: Cambridge University Press
Print publication year: 2006

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