Posts tagged #private foundation
All PostsObligation to Disclose a Private Foundation within an Estate
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider the question of the extent to which a person entitled to a compulsory share may demand information from a private foundation established (or co-established) by the tes...
OGH: Invalid Clause in Advisory Board Rights
Civil LawA foundation’s declaration which makes its scope ‘with regard to’ unspecified ‘staffing’ of the advisory board at least partly dependent on the legal interpretation of its users concerning the existence of violations of ‘mandatory provisions or inter...
OGH: Dismissal of an advisory board member on important grounds
Whether there are important grounds within the meaning of Sec. 27 (2) of the Private Foundation Act (Privatstiftungsgesetz, PSG) for the dismissal of a member of a foundation's governing body is, according to the established case law of the Austrian ...
OGH on the exclusion of liability in a mandate agreement of a private foundation subject to approval
Corporate LawWhen concluding a mandate agreement between a private foundation and a law firm to which one of the members of the foundation's board of directors belongs as a partner, no limitation of liability to gross negligence may be agreed. Pursuant to Sec. 17...
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