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Foundation setup

Built for generations.

A foundation can connect assets, responsibility and a lasting purpose. We support the commercial preparation: what should it achieve, what resources are available and who will carry responsibility in the future?

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Inside the work

A lasting purpose.
A structure to support it.

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Our approachBuilt for generations.
Records. Responsibilities. Dependencies.01 / 03
Give the purpose a precise definition
Give the purpose a precise definitionBeneficiaries and intended activity give the purpose a practical meaning before a foundation form is assessed.Founder intention — Beneficiaries and intended activity give the purpose a practical meaning before a foundation form is assessed.01 / 01Founder intentionBeneficiaries / aimPlanned activity — Beneficiaries and intended activity give the purpose a practical meaning before a foundation form is assessed.01 / 02Planned activityUse / durationPurpose draft — Beneficiaries and intended activity give the purpose a practical meaning before a foundation form is assessed.01 / 03Purpose draftScope / boundariesProfessional questions — Beneficiaries and intended activity give the purpose a practical meaning before a foundation form is assessed.01 / 04Professional questionsForm / feasibilitydefines intendedusetests practicalscopeneeds assessment

Beneficiaries and intended activity give the purpose a practical meaning before a foundation form is assessed.

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01 / 03

The engagement / 01

Give the purpose a precise definition

The starting point is your long-term intention. We identify the people, activities or values to be supported and where conflicting objectives might arise.

Family and continuity

Business succession, family interests and personal intentions are described separately. This makes shared goals and different expectations easier to discuss openly.

Purpose over time

We consider how needs might change over the years. A clear statement of intent supports the subsequent work of professional advisers.

The engagement / 02

Examine financial sustainability

A lasting structure needs a realistic view of assets, income and expenditure. We organise this information for the appointed legal and tax advisers.

The asset picture

Shareholdings, property, liquid assets and recurring obligations are recorded systematically. Uncertainty about value or availability is identified explicitly.

Recurring commitments

Administration, professional support and the intended activities belong in one plan. Different income assumptions reveal potential pressure points.

The engagement / 03

Plan responsibility for the future

A foundation must remain workable when particular individuals are no longer involved. We support the organisational preparation of clear long-term governance.

Roles and succession

Duties, information flows and future appointments to important roles are discussed. Your professional advisers assess the legal implementation.

Records and oversight

Reporting frequency, decision records and regular financial reviews are prepared as a working framework, supporting continuity through changes of personnel.

STRUCTURECompare structures

Purpose determines the structure.

Foundations in Germany: establish the purpose and beneficiaries first, then the legal organisation. The following concepts describe different aspects of that decision.

01Foundation with legal personality+

A foundation with legal personality under German civil law is a separate legal person. Its purpose, endowment, constitution and governing bodies need to work together. Establishment in Germany is prepared with the relevant professionals and authorities.

02Trust-administered foundation+

A trust-administered foundation has no separate legal personality. A trustee administers the dedicated assets according to the agreed purpose. Choosing, supervising and replacing the trustee therefore belongs in the preparation.

03Family foundation+

The term primarily describes the purpose and the family beneficiaries. It is not a third legal form interchangeable with the other two models. Family interests, benefits, succession and the appropriate legal structure are considered together.

Background: Brandenburg Foundation Authority · Association of German Foundations

Q / AKnow where you stand.

Questions about our work.

01Is a foundation suitable for every succession plan?

No. Long-term commitments, funding, administration and personal objectives need to fit together. Qualified advisers should assess alternatives before a decision is made.

02Does Jaba draft the foundation charter?

Jaba prepares the objectives, commercial information and organisational requirements. Separately appointed professionals undertake the individual legal drafting and tax assessment.

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Let’s talk it throughAuf Deutsch wechselnBerlin, Germany
JABA / INFORMATION

A clear framework.

Jaba supports commercial decisions. Individual legal and tax advice is provided exclusively by separately engaged, appropriately qualified professionals.

The information on this website provides general orientation. An enquiry does not itself establish a consulting engagement.

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JABA / THE WORKING MODEL

Long-term intentions need considered structures.

Records. Responsibilities. Dependencies.01 / 03
Give the purpose a precise definition
Give the purpose a precise definitionBeneficiaries and intended activity give the purpose a practical meaning before a foundation form is assessed.Founder intention — Beneficiaries and intended activity give the purpose a practical meaning before a foundation form is assessed.01 / 01Founder intentionBeneficiaries / aimPlanned activity — Beneficiaries and intended activity give the purpose a practical meaning before a foundation form is assessed.01 / 02Planned activityUse / durationPurpose draft — Beneficiaries and intended activity give the purpose a practical meaning before a foundation form is assessed.01 / 03Purpose draftScope / boundariesProfessional questions — Beneficiaries and intended activity give the purpose a practical meaning before a foundation form is assessed.01 / 04Professional questionsForm / feasibilitydefines intendedusetests practicalscopeneeds assessment

Beneficiaries and intended activity give the purpose a practical meaning before a foundation form is assessed.

Arrow = named dependency+ Select a record

Scroll to move through chapters. Select a record to examine the connection.

Select a record to examine its evidence and named dependencies.