Act on Corporation Citizenship, the Organisation and Administration of Corporations, and the Use of Corporation Assets (Corporations Act) (Korporationsgesetz) - Scope

1. This law regulates the corporate citizenship, the organization and administration of corporations, as well as the use of corporate assets.

2. Corporations within the meaning of this law include cooperative corporations, Ürte corporations, and Ürte.

1. The corporations organize and manage their affairs independently within the framework of the provisions of the cantonal constitution and this law.

2. They are free to use traditional designations for their organs.

1. Within the territory of the canton, the following corporations exist

1. Stans

2. Ennetmoos

3. Dallenwil

4. Stansstad

5. Büren nid dem Bach

6. Waltersberg

7. Buochs

8. Ennetbürgen

9. Büren ob dem Bach (Plätzet-Ürte)

10. Boden

11. Altzellen

12. Oberrickenbach

13. Beckenried

14. Hergiswil

15. Emmetten.

1. The establishment, dissolution, and merger of corporations require the consent of the affected municipal corporations and the approval of the district administrator.

1. The corporation municipality enacts a fundamental law subject to approval by the government council; this law outlines the organization and administration of the corporation within the framework of the legislation.

2. It issues the ordinances and regulations necessary for fulfilling the tasks of the corporation.

1. Corporations shall preserve, manage, and utilize the corporate assets in the present and future interests of the corporate citizens.

1. To the extent that this law and the constitution of the respective corporation contain no provisions regarding the election, membership, procedure, as well as the rights and duties of the corporate authorities, the provisions of the cantonal constitution and the administrative law are applicable mutatis mutandis.

1. Acquisition and Retention of the Corporate Citizenship Right Requires

1. Bearing the name of a corporate citizen family (Art. 9) based on a child relationship (Art. 10 or Art. 11); as well as

2. Citizenship of the relevant political municipality.

2. Female corporate citizens who lose their inherited corporate citizen name through marriage remain fully entitled corporate citizens of the respective corporation.

1. The corporate citizenship is conferred by the following historic Nidwaldner families

Achermann, Agner, Ambauen, Amstad, Amstutz, Adacher, Baggenstos, Barmettler, Baumgartner, Berlinger, Bircher, Bläsi, Blättler, Blum, Bucher, Bünter, Businger, Christen, Denier, Denner, Dönni, Durrer, Engelberger, Ettlin, Feller, Filliger, Fischer, Flüeler, Flühler, Fluri, Flury, Frank, Gabriel, Gander, Gröbli, Gut, Hermann, Hug, Hummel, Huser, Imboden, Jann, Joller, Kaeslin, Käslin, Kaiser, Kayser, Keiser, Leuw, Liem, Liembd, Lussi, Mathis, Meyer, Murer, Näpflin, Niederberger, Odermatt, Peter, Rengger, Risi, Rothenfluh, Scheuber, Schmitter, Selm, Stalder, Stulz, Traxler, Vokinger, von Büren, von Holzen, von Matt, Wagner, Waser, Würsch, Wyrsch, Wymann, Zelger, Zibung, Zimmermann, Z'Rotz, Zrotz, Zumbach, Zumbühl.

2. This enumeration is definitive, subject to other evidence.

3. Each corporation specifies in its fundamental law the corporate citizen families represented in such corporation, or the clans of the corporate citizen families.

1. If the parents are married to each other, the child acquires the corporation citizenship of the father.

2. If the parents are not married to each other, the child acquires the corporation citizenship of the mother.

3. A minor child acquires the corporation citizenship of the father who subsequently marries the mother (Art. 259 of the Swiss Civil Code); the same applies if the child of unmarried parents acquires the family name and citizenship of the father (Art. 271 para. 3 of the Swiss Civil Code).

1. The minor adopted child acquires the municipal citizenship of the adoptive father; in the case of a single adoption (Art. 264b CC), the minor adopted child acquires the municipal citizenship of the adopter.

1. If the parent-child relationship with the parent who conferred the corporate citizenship to the child is dissolved, the child loses the corporate citizenship derived from the dissolved parent-child relationship.

2. If a person, due to a name change in accordance with Article 30 of the Swiss Civil Code (ZGB), no longer holds a corporate citizen name of the relevant corporation, they lose the corporate citizenship.

**1. If a person or one of their ancestors has lost the corporation's citizenship, they can request reinstatement from the corporation council, provided that they meet the requirements according to Article 8 and reside in the Canton of Nidwalden.**

1. When it is questionable whether a person possesses corporate citizenship, the corporate council shall issue a declaratory decision upon request or ex officio.

2. An appeal against the declaratory decision of the corporate council may be filed with the government council within 20 days of delivery.

1. Anyone who wishes to exercise the right to vote and the right to elect must register with their corporation.

2. Anyone who wishes to exercise the right to use corporation facilities must register before March 15th of the relevant year; the corporation may stipulate an admission fee in its corporate charter.

1. Failure to Register: If a person fails to register, they are not entitled to exercise the right to vote or to claim any corporate benefits.

1. The right to vote and the active and passive voting rights are, subject to Article 15 paragraph 1, granted to every person residing in the corporate district who possesses corporate citizenship rights, has completed their 18th year of age, and is not deprived of active citizenship rights by cantonal legislation.

1. Persons who hold corporate citizenship, have reached the age of 25 by March 15, and reside within the corporate district (Art. 23-26 of the Swiss Civil Code), are entitled to receive the corporate benefits, subject to Art. 15 para. 2.

2. If both spouses are entitled to benefits, each spouse shall receive the corporate benefits.

1. If a person entitled to use leaves behind children who reside within the corporation district, they are jointly entitled to receive the corporate benefit until the age of 25 is completed; full orphans are jointly entitled to receive the corporate benefit of both the entitled father and the entitled mother until the age of 25 is completed.

1. Every corporation is authorized to expand the provisions concerning eligibility for corporation benefits in the constitution.

1. Persons who violate or circumvent the provisions regarding the entitlement to the corporation's benefits shall have their right to receive the benefits of the corporation for the relevant year wholly or partially revoked by the Corporation Council.

1. The Corporation Municipality is the supreme body of the corporation; it exercises oversight over all branches of corporate administration.

2. It is responsible for

1. Enacting the constitution as well as the necessary ordinances and regulations in accordance with Article 5;

2. Electing the Corporation Council, consisting of three to seven members, and from among them, the Corporation President;

3. Electing the Corporation Secretary;

4. Electing the financial auditors;

5. Approving the annual financial statement and receiving the annual report;

6. Determining the benefit of the corporation;

7. Making decisions on one-time and annually recurring expenditures that exceed the financial authority of the Corporation Council;

8. Disposing of real estate (properties, independently and permanently registered rights in the land registry, co-ownership shares in real estate, etc.) of the corporation, as well as making decisions regarding the acquisition of real estate;

9. All other transactions assigned to the Corporation Municipality by the constitution or by the decision of the Corporation Council.

1. The approval of two-thirds of the voters is required in the following final votes

1. Total or partial revision of the Constitution;

2. Establishment, dissolution, and amalgamation of corporations;

3. Disposal of real estate.

2. Resolutions of the corporate community are passed in all other cases by a majority of the voters; in the event of a tie in elections, the decision is made by drawing lots, and in the case of substantive transactions as well as ordinances and regulations, the proposal is considered rejected.

1. The Corporation Council is the executive and administrative authority of the Corporation; it represents the Corporation externally.

2. It is responsible for all corporate matters, insofar as these are not expressly assigned to another body of the Corporation.

3. It is specifically responsible for

1. Convening the Corporation Assembly;

2. Preparing all matters to be dealt with by the Corporation Assembly;

3. Determining corporate citizenship rights and re-naturalization;

4. Administration of the Corporation's assets and their disposition within the scope of its financial competences;

5. Conclusion and dissolution of lease and tenancy agreements;

6. Conclusion of easement agreements;

7. Decision-making on one-time and annually recurring expenditures within the scope of its financial competences;

8. Election of committees for certain administrative branches as well as for the preparation of individual matters.

1. The President of the Corporation directs the activities of the Corporation Council.

2. He is responsible for

1. Leading the Corporation Municipality and the meetings of the Corporation Council;

2. Issuing presidential decrees

a) when immediate actions are necessary and convening a meeting of the Corporation Council is not possible;

b) in matters of minor importance.

3. The Corporation Council must be informed of the presidential decrees at the next meeting; it may revoke them.

1. The corporation's assets consist of real estate, securities, and the proceeds from asset components.

2. In terms of ownership, it is subject to civil law; the management and use of the corporation's assets are governed by corporate legislation.

1. The corporate assets must be preserved in their entirety; they may not be distributed to the members of the corporation under any circumstances.

2. The distribution of corporate benefits may only be decided if the balance sheet of the previous year shows no deficit and if the corporation is capable of financing and amortizing the investments in an appropriate manner in the medium term.

3. Gratuitous transfer of real estate, servitudes, or burdens to the members of the corporation or third parties is inadmissible; exceptions remain in place for contributions in the public interest.

1. Disposition over Real Estate (properties, independent and permanent rights entered in the land register, co-ownership shares in properties, etc.) is permitted only

1. for the fulfillment of public purposes;

2. for building sites;

3. for minor adjustments;

4. for equivalent land exchanges.

2. Dispositions over real estate exceeding an area of more than 1,000 m² are permissible subject to the approval of the Government Council if it is in the public interest.

1. The corporation municipality is responsible for the disposal of a corporation's real estate.

1. The proceeds from the disposition of the corporation's real estate shall be used in such a manner that the preservation of the corporation's assets is not impaired.

1. Corporations are subject to the supervision of the canton within the framework of the legislation.

2. The supervisory authority is the Government Council; the powers of the Landrat pursuant to Art. 4 are reserved.

1. The Powers of the Government Council in Cases of Non-Compliance are Governed Analogously by Articles 207-211 of the Municipal Law.

1. Appeals against resolutions of the Corporation Council and the Corporation Community may be lodged with the Government Council on the grounds of violation of the provisions of this law and the legislation of the respective corporation, as well as for denial of justice or delay in justice.

2. If the appeal is directed against a resolution or a specific action, it must be submitted within 20 days of notification or acknowledgment; in other cases, it is admissible as long as the appellant has a legitimate legal or factual interest worthy of protection.

3. Claims of a property nature or similar type shall be decided by the civil judge, excluding appeals to the Government Council.

1. Swiss women who are married, widowed, or divorced and lost their municipal citizenship under Article 161 of the Swiss Civil Code (ZGB) as it was in effect until December 31, 1987, shall retain the corporate citizenship they held while unmarried.

1. Persons who have been adopted under the provisions of the Swiss Civil Code and the Federal Act on the Acquisition and Loss of Swiss Citizenship (Citizenship Act) in force since April 1, 1973, or whose adoption has been subjected to the new provisions (Art. 264-269c of the Swiss Civil Code; Art. 57 para. 5 of the Citizenship Act), have acquired the corporate citizenship of the adopter pursuant to Art. 11.

1. Persons who are newly entitled under Art. 18 and Art. 19 to receive the benefits of the corporation can first assert this claim for the usage year 1993.

1. This law shall enter into force upon adoption by the corporation's Landsgemeinde.

2. It shall be published in the Official Gazette and included in the Statutory Collection.

3. All provisions in conflict with this law are repealed, particularly the law of May 9, 1875, concerning the corporation's usage.