210 ZGBCC

CH AI generated

Art. 83d Swiss Civil Code (CC)

CC; Title Two: Legal Entities; Chapter Three: Foundations; B. Organisation; IV. Organisational defects

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Legislator summary

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If the planned system of organisation proves inadequate, if the foundation lacks one of the prescribed governing bodies or one such body is not lawfully constituted, or if the foundation is no longer legally domiciled at its seat, the supervisory authority must take the necessary measures. In particular it may: {note: Amended by Annex No I of the FA of 17 March 2017 (Commercial Register Law), in force since 1 Jan. 2021 ( AS 2020 957; BBl 2015 3617).} 1. set a time limit within which the foundation must restore the legally required situation; or 2. appoint the body which is lacking or an administrator. In the event that the foundation is unable to organise itself effectively, the supervisory authority shall transfer its assets to another foundation with as similar objects as possible. The foundation bears the cost of such measures. The supervisory authority may require the foundation to make an advance payment to the persons appointed. For good cause, the foundation may request the supervisory authority to remove persons whom it has appointed.

Art. 83d CC

If the planned system of organisation proves inadequate, if the foundation lacks one of the prescribed governing bodies or one such body is not lawfully constituted, or if the foundation is no longer legally domiciled at its seat, the supervisory authority must take the necessary measures. In particular it may: 1. set a time limit within which the foundation must restore the legally required situation; or 2. appoint the body which is lacking or an administrator.

In the event that the foundation is unable to organise itself effectively, the supervisory authority shall transfer its assets to another foundation with as similar objects as possible.

The foundation bears the cost of such measures. The supervisory authority may require the foundation to make an advance payment to the persons appointed.

For good cause, the foundation may request the supervisory authority to remove persons whom it has appointed.

← Art. 83c CC Swiss Civil Code (CC) Art. 84 CC →

Court Decisions Applying This Provision (11)

B-5901/2022 (Art. 83d CC)

Foundation Board Dysfunction and Supervisory Authority Intervention

Cited as a basis for the supervisory authority to take measures to safeguard the foundation's interests.

B-5901/2022 (Art. 83d al. 1 CC)

Foundation Board Member Dispute and Reinstatement

Cited as the legal basis for the supervisory authority to take necessary measures when a foundation's organization is insufficient or its organs are not composed according to regulations, which includes appointing a commissioner.

B-3859/2022 (Art. 83d al. 1 CC)

Board Member Reinstatement Following Improper Voting on Removal

Cited in relation to the conditions for the supervisory authority to take necessary measures, including revoking organs.

B-5915/2019 (Art. 83d Abs. 3 Satz 1 ZGB)

Foundation Prohibited from Fundraising Due to Excessive Administrative Costs and Potential Donation Fraud

Basis for the foundation bearing the costs of supervisory measures, including the appointment of a custodian.

B-2468/2018 (Art. 83d Abs. 3 ZGB)

Foundation Custodian Appointment Appeal Deemed Moot

The foundation bears the costs of measures taken under Art. 83d para. 1 ZGB, including fees for supervisory measures, unless the original decision would not have withstood a legality review.

GE.2016.0061 · vd (art. 83d al. 1 ch. 2 CC)

Supervisory Authority's Appointment of Administrator Upheld Over Foundation's Management Failures

The decision to appoint a commissioner was based on this article, which grants the supervisory authority this power when the foundation's organization is insufficient.

C/25643/2000 · ge (art. 83d CC)

Bank Appeal on Asset Transfer and Management Following Curatorship Expiry

Cited in the reasoning regarding the replacement measures for foundations, but not in the final operative orders.

B-5309/2014 (Art. 83d al. 1 CC)

Foundation Board Members' Rights vs. Commissioner's Oversight

Cited in the lower authority's decision as part of the justification for appointing a commissioner.

C-3698/2011 (Art. 83d Abs. 1 ZGB)

Pension Fund Management Dispute: Supervisory Authority's Intervention Overturned

Used to outline the supervisory authority's powers to take necessary measures when the foundation's organization is insufficient or an organ is not properly constituted.

B-3867/2007 (Art. 83d Abs. 1 ZGB)

Federal Court Overturns Foundation Leadership Over Election Irregularities

Allows the supervisory authority to take necessary measures, including appointing an administrator, if the foundation's organization is insufficient or its bodies are not lawfully constituted.

VB.2009.00335 · zh (Art. 83d ZGB)

Lack of Legal Capacity and Untimely Appeal Bar Foundation's Case

Mentioned in relation to the appointment of an interim custodian.