Ordinance concerning the Supervision of Foundations - Scope

1. This regulation governs the jurisdiction and procedure regarding the supervision of foundations under private and public law with their registered office in the Canton of Graubünden.

1. The Financial Administration of the Canton of Graubünden is the Supervisory and Conversion Authority (hereinafter referred to as the Supervisory Authority).

1. The foundation fulfills the tasks assigned to it by legislation, the deed of foundation, and other provisions.

1. The highest governing body of the foundation shall submit to the supervisory authority, without being requested to do so, within six months after the end of the fiscal year

a) * the legally signed annual financial statements consisting of the balance sheet, income statement, and notes;

b) * the approval protocol;

c) * the securities register;

d) * the audit report;

e) * the report on business activities.

1. The foundation shall submit additional documents upon request of the supervisory authority.

1. New or revised regulations must be submitted to the supervisory authority without being requested.

1. The supervisory authority must be notified of any events within a foundation that require prompt intervention and have a significant impact on its assets or its further activities.

1. The supervisory authority fulfills the tasks assigned to it by legislation. To accomplish its tasks, it issues the necessary orders. It maintains a register of the classical foundations based in the Canton of Graubünden.

2. The supervisory authority reviews the submitted documents. This review does not absolve the responsible foundation bodies of their responsibilities.

1. The Supervisory Authority issues orders particularly concerning

a) the subjection of the foundation to its supervision;

b) the amendment or rewriting of the foundation charter or other legal bases;

c) the approval of asset transfers and mergers;

d) the dissolution of the foundation.

1. The supervisory authority takes appropriate measures to rectify deficiencies, in particular by

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

b) Annuling or amending resolutions of the foundation's bodies;

c) Dismissing the foundation's bodies and appointing interim management;

d) Obtaining expert opinions;

e) Reviewing the management and accounting at the foundation's headquarters;

f) Ordering substitute performance;

g) Imposing fines.

1. The supervisory authority levies the following fees for its supervisory activities based on the annual report. These fees are determined by the gross assets according to the balance sheet.

Gross Assets: Fee

up to CHF 100,000: CHF 150

up to CHF 300,000: CHF 250

up to CHF 500,000: CHF 350

up to CHF 700,000: CHF 500

up to CHF 1,000,000: CHF 600

up to CHF 2,000,000: CHF 800

up to CHF 3,000,000: CHF 900

up to CHF 4,000,000: CHF 1,000

up to CHF 5,000,000: CHF 1,100

up to CHF 6,000,000: CHF 1,200

up to CHF 8,000,000: CHF 1,300

up to CHF 10,000,000: CHF 1,400

up to CHF 12,000,000: CHF 1,600

up to CHF 14,000,000: CHF 1,800

up to CHF 16,000,000: CHF 2,000

up to CHF 18,000,000: CHF 2,200

up to CHF 20,000,000: CHF 2,400

above: CHF 2,600

2. The low-yield cultural assets and real estate that directly serve the foundation's purpose are disregarded when determining the basic fee.

1. The fees for the additional activities of the supervisory authority are based on time spent

a) Assumption of supervision: CHF 150 - 2500

b) Asset transfers/mergers: CHF 150 - 2500

c) Liquidations: CHF 150 - 2500

d) Amendments to documents: CHF 150 - 2500

e) Revocations: CHF 150 - 2500

f) Special supervisory measures and decisions: CHF 150 - 2500

g) * Requests for outstanding annual reports

1. * 1st request: free of charge

2. * 2nd request: CHF 30

2. For other work of the supervisory authority, the rates of the Department of Finance and Municipalities for services provided by the cantonal administration to third parties will be charged.

1. The regulatory authority may, in the presence of a hardship case and upon a well-founded request, partially reduce the fees according to the preceding Articles 11 and 12, but not below the minimum rate.

1. The fees of this regulation may be set up to double the simple or maximum rate

a) for particularly difficult and extensive official transactions;

b) if the official act is performed outside of regular working hours or away from the official premises;

c) if the document is issued in a foreign language or a translation of foreign-language texts is made (official languages excepted).

1. This regulation shall enter into force retroactively on January 1, 2008.

2. Effective from this date, the following are repealed

a) Regulation concerning the supervision of foundations of June 24, 2003 (BR 219.100);

b) Fee schedule for the supervision of foundations and occupational benefits of October 10, 1993 (BR 219.110).