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Foundations and self-governing institutions

From the creation of a foundation or self-governing institution to the day-to-day operations and ongoing legal obligations, the provision of advice based on deep specialist knowledge and operational experience makes a difference. Our foundations law specialists have years of experience in all aspects of the laws governing foundations. We have thorough knowledge of the work and practices of supervisory authorities, and we advise on how foundations and self-governing institutions are best managed, organised and operated in accordance with applicable rules.

From the creation of a foundation or self-governing institution to the day-to-day operations and ongoing legal obligations, the provision of advice based on deep specialist knowledge and operational experience makes a difference. Our foundations law specialists have years of experience in all aspects of the laws governing foundations. We have thorough knowledge of the work and practices of supervisory authorities, and we advise on how foundations and self-governing institutions are best managed, organised and operated in accordance with applicable rules.

Specialised legal advice for foundations and self-governing institutions

Commercial and non-commercial foundations and other self-governing institutions operate in a complex landscape characterised by extensive regulations and supervision. This places great demands on the foundation's management, organisation and operation. We offer specialised legal and strategic advice on all legal matters to both commercial and non-commercial foundations and self-governing institutions.

We offer holistic advice covering:

In addition, we advise foundations in connection with the management of the foundation, management liability matters and ongoing governance, including in relation to the Recommendations on Foundation Governance.

We also provide advice on the management/investment of the foundation's capital, as well as amendments of the statutes and extraordinary transactions, such as acquisitions and divestment of activities that require permission from the foundation authorities.

We assist with the handling of supervisory and control matters with the foundation authorities (the Department of Civil Affairs and the Danish Business Authority).

Report 1586/2025 on revision of the Danish Foundations Act – what impact will it have?

With the publication in June 2025 of the Report on revision of the Non-Commercial Foundations Act, the landscape of foundations is facing significant changes. This may include mandatory registration of all foundations, stricter transparency requirements and increased management liability and supervision. In addition, new rules for mergers, amalgamations and termination of foundations are likely to be developed. 

We are happy to advise you if you need an assessment of how these new changes will affect your foundation and if you need assistance in adapting your foundation to the expected changes.

Establishment of foundations or self-governing institutions

The setting up of a foundation or a self-governing institution is a long-term and lasting form of organisation. It is therefore crucial that the right choices are made from the start. We assist with the establishment of foundations, whether by the founder in life or by will, including:

  • Drafting of the foundation’s memorandum of association and charter/statutes
  • Preparation of rules of procedure for the board of directors
  • Provision of capital
  • Notification and registration with the foundation authorities and the Danish Tax Agency and answering any questions from the foundation authorities

Our advice ensures that the structure of the foundation is in accordance with applicable law - and adapted to the founder's wishes.

Foundation administration – day-to-day operations and compliance

Be spared dealing with the administrative tasks of the foundation yourself. We have years of experience in fulfilling the role of foundation administrator, handling the day-to-day running of the foundation and reporting to the management of the foundation. Applying our in-depth knowledge of the foundation industry, we ensure that the foundation is compliant in every respect.

As the administrator of the foundation, we handle all administrative tasks, including:

  • Receipt of and response to inquiries with the foundation
  • The setting up of bank accounts and handling of the foundation's bookkeeping
  • Coordination with the foundation's business partners, including accountants, bankers, management institutions and insurance companies, if applicable
  • Reporting of distributions to the tax authorities and securing the necessary documentation for the distributions
  • Preparation of board meetings and the minutes of board meetings
  • Registration of beneficial owners with the Danish Business Authority
  • Handling of the foundation’s files
  • Drafting of and compliance with GDPR guidelines

Distribution of foundation funds: Policies, governance and compliance

One of the foundation's core tasks is to manage the foundation's funds efficiently and safely in connection with the distribution of funds for charitable or other purposes. This requires clear processes and control procedures. We provide specialised advice for:

  • Drafting of distribution policies, strategies and frameworks
  • Proper safeguarding of the objective of the foundation's distributions
  • Due diligence of recipients and business partners
  • Conclusion of donation agreements and partnerships with recipients
  • Drafting of contracts with recipients and partners
  • Documentation requirements in connection with the use of distributed funds
  • Risk analyses in relation to specific distributions
  • Compliance with anti-corruption and impartiality rules

In addition, dedicated training can be arranged, or action can be taken in response to specific incidents, e.g. if illegal or unethical matters are suspected in connection with distributions.

Restructuring, merging and termination of foundations

When foundations are planning a merger, amalgamation or restructuring, legal regulations and complexity place high demands on accurate advice. We offer specialised legal advice to ensure that the change is carried out correctly and efficiently.

In connection with the termination of a foundation, we provide advice covering the entire process of liquidation and winding up, with us acting as liquidator in this context.

Contact a specialist

Our advice is based on many years of experience in the field of foundations, acting as counsel to foundations, administrator of foundations and board member of foundations. Our experience has given us unique insight into the regulation, challenges and opportunities faced by foundations.