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Book 1 · General part  ›  Subtitle 2 · Foundations › Section 81

Endowment transaction

(1) An endowment transaction inter vivos requires the written form. It must contain the binding declaration by the founder that they will dedicate assets, which also may be intended for depletion, to achieve an object they have specified. The endowment transaction must give the foundation a charter with provisions on

1.  the name of the foundation,

2.  the seat of the foundation,

3.  the objects of the foundation,

4.  the assets of the foundation,

5.  the composition of the foundation board.

If the endowment transaction does not satisfy the requirements of sentence 3 and if the founder is dead, then section 83 sentences 2 to 4 applies accordingly.

(2) Until the foundation is recognised as having legal personality, the founder has a right to revoke the endowment transaction. Where an application has been made for recognition by the competent public authority, the revocation may be declared only to that public authority. The heir of the founder is not entitled to revoke the endowment transaction if the founder made the application to the competent public authority, or, if the endowment transaction was recorded by a notary, the founder, at or after the notarial recording, instructed the notary to make the application.

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