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Amendments to the articles of association are permissible if they are in line with the founder's intentions at the time the foundation was established. Depending on the type of amendment, further requirements must be met.
Amendments to the articles of association are made by the foundation's board of directors, unless the donor has granted another body the right to amend the articles of association in the articles of association. The responsible body must then amend the articles of association in accordance with the actual or presumed will of the donor. Amendments to the articles of association by foundation bodies require the approval of the foundation authority.
the regional council in whose district the foundation has its registered office (foundation authority)
The amendment is in line with the declared or presumed will of the donor. The will of the donor as laid down in the articles of association may only be modified in line with the times, but not changed in its tendency.
Depending on the type of amendment, the following additional requirements must be met (the donor may, however, stipulate deviating regulations in the articles of association):
It is necessary that either the foundation's purpose can no longer be permanently and sustainably fulfilled or that the foundation's purpose jeopardises the common good.
It is necessary that the circumstances have changed significantly after the establishment of the foundation and that the amendment is necessary to adapt the foundation to the changed circumstances.
It is necessary that these changes serve the fulfilment of the foundation's purpose.
You must submit the amended articles of association to the foundation authorities in writing.
Note: For resolutions on amendments to the articles of association that affect tax aspects, you must also obtain the prior approval of the tax office.
The foundation authority will inform you of the approval of the amendment to the articles of association by means of a notice.
none
amended statutes of the foundation
25.00 to 1,500 euros
Exception: No costs are incurred for foundations that serve exclusively municipal, church, charitable or non-profit purposes.
The foundation authority can also amend the articles of association in accordance with the aforementioned standards if the amendment to the articles of association is necessary and the responsible foundation body does not adopt it in good time.
Bürgerliches Gesetzbuch (BGB)
machine generated, based on the German release by: Innenministerium Baden-Württemberg, 30.07.2025
