Resolution of the Standing Commission on Foundation Supervision (StKB Stiftungsaufsicht) - Scope

1. This resolution governs the supervision of foundations pursuant to Art. 80 et seq. of the Swiss Civil Code (ZGB).

2. It is not applicable to pension institutions, family foundations, and church foundations, as well as to foundations that are subject to federal supervision.

1. The foundation supervision is the cantonal supervisory and responsible cantonal authority, insofar as the superior law does not stipulate otherwise.

1. The foundation submits the annual reports to the supervisory authority unsolicited within six months after the end of the financial year.

2. It provides

a) Report on business activities;

b) Annual financial statements (including previous year's figures) consisting of balance sheet, profit and loss statement, and notes;

c) Securities list;

d) Report of the audit firm or, if the foundation is exempt from the obligation to designate an audit firm, a declaration of completeness;

e) Minutes of the foundation board meeting regarding the approval of the annual financial statements.

3. The supervisory authority for foundations may inspect the documents and request additional documents or information.

1. The foundation submits new or amended regulations unsolicited.

1. The foundation shall promptly inform the foundation supervisory authority of any events that have a significant impact on its assets or its further activities.

1. The foundation supervisory authority performs the tasks assigned to it by legislation.

2. It reviews the submitted documents. This review does not absolve the responsible foundation bodies from liability.

3. It maintains a register of the foundations under its supervision and makes this accessible to the public.

1. The Foundation Supervisory Authority issues orders, particularly regarding

a) the subjection of the foundation to its supervision;

b) the amendment or re-drafting of the foundation deed, provided the law does not designate another authority;

c) the examination of the report on business activities and the annual financial statements;

d) the exemption from the statutory requirement to appoint an audit firm;

e) the approval of asset transfers and mergers;

f) the dissolution of the foundation.

1. In the event of legal violations, the supervisory authority for foundations shall issue the necessary orders, if necessary, as precautionary measures.

2. It may, in particular

a) issue instructions to the foundation's bodies or the audit firm;

b) issue warnings and admonitions;

c) amend or annul decisions of the foundation's bodies;

d) dismiss foundation bodies and appoint a trustee;

e) obtain expert opinions;

f) order substitute performance;

g) impose fines up to CHF 2,000.

1. The foundation supervisory authority manages the data necessary for the performance of its supervisory duties. This data particularly concerns the foundation's purpose, type of foundation, addresses of responsible persons, foundation dates, regulations, financial statements, and balance sheet figures.

2. The disclosure of data is subject to the cantonal data protection regulations.

1. The foundation supervisory authority charges a fee for its activities, such as the examination of the annual reporting, in accordance with the cantonal fee regulations.

1. The Resolution of the Professional Commission on Foundation Supervision dated September 26, 1977, is repealed.

2. This resolution enters into force on September 1, 2021.